Question:

What do you do if you buy a house and the tenants won't move out?

by  |  earlier

0 LIKES UnLike

is the seller responsible? after the close of the sale. or when title passes?

 Tags:

   Report

8 ANSWERS


  1. Why you buy a house with tenants in it? I think you left holding the bag.. You give them notice in paper right away, in person, keep a copy of notice and write down the date given. Not sure, you need to go court or go directly to police after time period(maybe 30day). I know my mother have to pay police to evict  them. The police give them notice and more time to move. After that, police only come when they have time. The whole thing take like 3 month.

    Becareful, the tenants can damage house by cuting wires, draw on wall. lf they left on bad feeling. Check everything after they left.

    Good luck!


  2. The seller can assume that you will allow the tenants to live there and transfer the rent to you. If you don't want the tenants there...you can evict them therefore giving them 30 days from the date of service of eviction to move their stuff. At that time if they are still there...you can have them forcibly removed by calling the police.

    But I would talk to the tenants yourself. it's a hard market out there....maybe they just need sometime to find another place to live. If you talk to them...they might even be more than willing to leave on their own without being evicted. Once evicted....they will have a harder time renting another place.

    Good luck. And remember....it's easier to attract bees with honey than with vinegar. (that means that the nicer you are the easier things will be for you. You put up a fight right off the bat and the tenants will balk simply because they can).

    And keep your head...don't confront these people in anger because they can use anything you say to them against you. Keep your head and if you can't do that...contact a lawyer to do it for you.  

  3. Call the police and they have 30 days to move out. Seller has to do that

  4. When the Buyer takes title (close of escrow), the Buyer takes responsibility for tenants and the existing contact with the tenants. You will need to let the renter's contact expire or evict them according to local laws.

    If the Seller did not disclose the existing rental arrangement, you can sue them for you hardships.

  5. If the lease doesn't mention what happens when the property is sold, they are entitled to stay until the lease ends.  If there's no lease, follow the procedures in your jurisdiction to evict them.

  6. If the tenants have a lease, they have the right to stay put until the lease ends (and they are paying the rent) regardless when title passes.  If they do not have a lease (most likely) a 30 day notice to vacate must be given before you or the seller can begin eviction proceedings.  

    If you are buying a rented property with the understanding that you plan to take immediate possession at closing I suggest you not close until the existing tenants are out.  But you need to make sure you and the seller understands this as they might be under the impression that you are buying the property as an investment.  

  7. Generally the new owner of the property must abide by the terms of the lease. The lease does not become invalid just because the owner changes. You can require the tenants to sign a new lease and if they will not then they have 30 days to move with no penalty. You should ask an attorney though as I am not one.

  8. You are stuck evicting them after the closing.  

Question Stats

Latest activity: earlier.
This question has 8 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.
Unanswered Questions