About Eric Sexton Expertise All aspects of buying and selling homes including: General real estate questions, Contracts, Negotiations, surveys, title work and general questions about mortgages. I CAN NOT GIVE LEGAL ADVICE AND WILL NOT BE ABLE TO ANSWER QUESTIONS WHERE LEGAL ADVICE IS NECESSARY.
Experience
I have been a real estate agent for 6 years and a broker for 2 years.
Organizations National Association of REALTORS and Texas Association of REALTORS.
Expert: Eric Sexton Date: 6/28/2007 Subject: owner's rights in taking back rental property
Question Eric,
My parents have owned a duplex in Austin for the last 30 years or so but they
have not lived in it in a long time. It has been paying off its mortgage as a
rental property so far under a number of different tenants. The issue now is
that we need to take the house back and some of the tenants are saying that
they don't want to move. My question pertains to the rights I have in getting
the house back at the time we need it, which would mean terminating their
current lease 5 months early.
We have been telling them about this for several months now through the
manager of the property, but they have been saying that they are looking for
the perfect place and have not found it yet. Now they are saying that they
don't want to move until the end of their lease. I don't want to make things
too difficult for them, but at the same time I feel like they are starting to drag
their feet and I need to know what I can do to force their hand.
Answer Liam,
Assuming that there is a written lease between the tenants and your parents, you might not have any options but to wait out the end of the lease. It really depends on what conditions are in the lease regarding notice and possible early termination.
I would suggest speaking with a real estate attorney so that he can read the lease and advise you on your best course of action.
