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if a house I want to buy is tenant occupied, whose responsibility is it to get the tenant out

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April 26 - Wooster
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Answers (5)

Normally it is your task to get rid of the tenant. To move in, you file a constructive eviction a day or two after you sign the papers. You should consult your attorney for this. In some states its about 30 days to get rid of them, nicely.

I slept on the in-laws cellar floor when I did this act on my home. No fun, get a good bed and a good nights sleep.
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April 27
Profile picture for sunnyview
After you close, it'd be your job to get the tenant out. Laws differ, but in my state a tenants' lease does not end upon sale so the new owner assumes the lease and responsibility for all deposits unless the contract states otherwise.
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April 27
Profile picture for TeamVSM
We often sell homes with tenants in them.  Smart landlords have a cancellation provision written into the lease.  For example a 60 day cancellation provision with a one month rent termination fee.  This way if the seller needs to get out, they know what it will cost them.   Likewise if the tenant ever wants out, there is something for you to go after in court beyond just the rent that was missed.
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April 27
If you choose to buy while the tenant is there, as wetdawgs points out you are required , by law, to honor the lease.  In this case the Seller is obligated to hand over to you all records such as the financial records and  the lease with addendums and amendments  as well as all security deposits.  If there are pets in the property there can be a separate addendum to the lease (Pet Addendum) which can show how pet damage is handled and that comes in 3 forms:

1:  Pet Deposit, an amount in addition to the security deposit held in escrow by the owner
2.  Pet Fee, an amount pre-paid by the tenant to the Owner and retained by the owner
3.  Pet Rent, an additional amount paid every month  with the rent

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April 27
Profile picture for wetdawgs
It depends on a couple of things:
a.  Your purchase offer contract details.
b.  The tenant's lease end date as a lease survives a sale.

If you do not wish to buy a property with a tenant, write your purchase offer so that the property will be vacant when you close.  This will make it the seller's responsibility.   If the lease does not end for six months, suggest a closing date after the end of the lease.
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April 26
 
Related Questions
if a house I want to buy is tenant occupied, whose responsibility is it to get the tenant out
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Latest answer by George Rauh
April 27 | 5 answers
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