Parent Died and Left a Rental to Sell; How Do I Get the Tenant Out?

Landlord Hank Parent Died and Left a Rental to Sell; How Do I Get the Tenant Out?

The question this week for Landlord Hank is about inheriting a rental to sell and how to get the tenant out to put rental on the market. On his page,  Ask Landlord Hank answers questions from other landlords and property managers around the country about their rentals so fill out the form below if you have a question for him. Remember Hank is not an attorney and is not offering legal advice.

Dear Landlord Hank,

One of my parents died and left me a single-family home rental in Dublin, Calif., in Alameda County.

We’d like to take the home off the rental market and sell it. Is there a legal way to notify the tenant?

-Dave

Hi Dave,

You just inherited a rental property, and now you want to sell it.

You can easily do this. I would send the tenant a certified letter letting the tenant know your intention. But I would talk to the tenant first and let them know what you plan; this will help you determine whether they’re going to cooperate.

You selling the property and gaining entry is usually addressed in the lease, so look at it closely. Most leases have a right-of-entry clause stating that you can access the property with reasonable notice to the tenant for showings and that you can post for-sale signs.

This doesn’t mean that the tenant’s lease doesn’t have to be honored – it does. A lease is a contract for a set time, and if you sell it during this time, the new owner must honor the lease too.

The lease may have clauses for early termination, so check for that. I’d have a real discussion with the tenant to try to get them on your side and make sure they know you intend to honor the lease.

You don’t want to show a property when the tenant is against your plan, as the condition may not be optimal if the tenant is trying to discourage the sale (dirty dishes in the sink, unmade beds, etc.).

Good luck!

Sincerely,

Hank Rossi

The question this week for Landlord Hank is about inheriting a rental to sell and how to get the tenant out to put rental on the market.
Landlord Hank says, “I’d have a real discussion with the tenant to try to get them on your side and make sure they know you intend to honor the lease.”

Ask Landlord Hank Your Question

Ask veteran landlord and property manager Hank Rossi your questions from tenant screening to leases to pets and more! He provides answers each week to landlords.
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About the author Landlord Hank:

“I started in real estate as a child watching my father take care of our family rentals- maintenance, tenant relations, etc , in small town Ohio. As I grew, I was occasionally Dad’s assistant. In the mid-90s I decided to get into the rental business on my own, as a sideline. In 2001, I retired from my profession and only managed my own investments, for the next 10 years. Six years ago, my sister, working as a rental agent/property manager in Sarasota, Florida convinced me to try the Florida lifestyle. I gave it a try and never looked back. A few years ago we started our own real estate brokerage. We focus on property management and leasing. I continue to manage my real estate portfolio here in Florida and Atlanta. “ Visit Hank’s website here.

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I started in real estate as a child watching my father take care of our family rentals- maintenance, tenant relations, etc , in small town Ohio. As I grew, I was occasionally Dad’s assistant. In the mid-90s I decided to get into the rental business on my own, as a sideline. In 2001, I retired from my profession and only managed my own investments, for the next 10 years. Six years ago, my sister, working as a rental agent/property manager in Sarasota, Florida convinced me to try the Florida lifestyle. I gave it a try and never looked back. A few years ago we started our own real estate brokerage. We focus on property management and leasing. I continue to manage my real estate portfolio here in Florida and Atlanta.