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How to right up an access agreement? by JM (OR) on August 7, 2012 @18:21

                              
I am buying a large piece of property and there is already a tenant renting the house, I know that right NOW, before we close, I have the ability to have the current tenant evicted and I am leaning very strongly that direction but the semi guaranteed income is somewhat appealing to us. We WOULD make the tenant sign full rental agreements with us and all that to cover our asses if we let them stay, the main issue is being able to access the property to prune, mow, and put up fencing etc.

This is 60 acres with a small mobile home on one back corner.


I want to write something up that is still legal and does not get over ridden by landlord tenant law.

Like would it be legal to get them to sign something saying they know and agree to me accessing the property between *:00 and *:00 and not come closer than * yards to the house without prior notice?

Would I need to put up a fence of some sort and specifically state in a rental agreement that they are renting the house and yard and should not assume access or exclusivity to the rest of the property?

Basically we would like to get the $$ and not have to screen and deal with a new tenant but we want to be able to work on the rest of the property whenever we can/want.
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Re: How to right up an access agreement? by Anonymous on August 7, 2012 @18:28 [ Reply ]
I am not a lawyer nor am I versed in the LL/TT law for your state nor property type. However, in your lease you can define exactly what the tenant is renting and the boundaries such as you suggested. A fence would clearly mark such boundaries along with a no trespassing/private property type of signage.

Also, in the agreement, I would indicate that the tenant will be given notice of work when it will be close to the home and not outside certain hours.
Re: How to right up an access agreement? by Franklin (TN) on August 7, 2012 @18:32 [ Reply ]
You've already asked this question. We all told you to kick the tenants out because once you do want them out, they'll never leave. The dollar signs of a tenant paying rent have obviously overcome you.
Re: How to right up an access agreement? by Anonymous on August 7, 2012 @20:56 [ Reply ]
We would all like to have the $$ and not have to screen. :)

If there is an existing lease you have to honor it. If not write a new lease. Suggest learning how to spell "right" vs "write" first, it will look better in kort. ;)

If you want them out and you can get the seller to do it, then do it. If not then give them a new lease or evict. They will not stay forever, they will move once you get a writ of possession and send the sheriff.

If there is no lease simply inform them that in 30 days there will be new terms, give them a copy and if that doesn't work for them they can move.

This is a business, handle things businesslike, but be FAIR. Being fair doesn't mean bending over backwards, it means doing what your business model requires for the property while not causing undue hardship to others.

This of course is if they are paying rent on time. If they are freeloading, then they are hurting you and your finances, therefore all bets are off and give em the boot.

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