I am buying a house that is occupied by tenants. They do not have a least or contract. According to their current landlord, they are on a month to month agreement. I live in Illinois, and to my understand, under the circumstances of the month to month rent agreement they are living by, their current landlord only has to give them a 30 day notice/warning to leave the property or work a deal out with the new landlord (me) before closing on the house. Am I correct?
When I take over, I do not want them in the property, so what does the current landlord has to do to insure when the title is transferred I will not recieve the house occupied with unwanted tenants?
2006-10-16 12:16:12 · 17 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Do Not close on the house until the tenants are out! Normally a month to month lease does not require a 30 day notice, but every state is different. So check your local laws. If you close on the home while they are still there you will then assume the lease and if there is NO lease then you may have a difficult time getting rid of them or having anything to back you up. When the contract was written for the purchase did it specify the tenants had to be out? If not you need to speak with your Realtor and discuss your options. Good Luck Regards KG
2006-10-16 12:26:33 · answer #1 · answered by kgreives 4 · 0⤊ 0⤋
Please visit this website as it may have some useful information for you to know
http://www.megalaw.com/il/top/illandlord.php
And then what I would say is below....
He basically has to tell the tenants that they have 30 days to move out. I don't know the laws of Illinois, but here, the landlord has to notify the tenants in advance that they need to find another place to live because the house has been sold. If the tenants don't leave, a law suit can be filed with the old landlord. This way when you get the house, there are no tenants living there. Also, make sure that the house is habitable - make sure the tenants didn't break anything, or ruin the pipes, walls, etc. That's really important. Hope this helps!
2006-10-16 12:22:40 · answer #2 · answered by Asia 3 · 0⤊ 0⤋
You could have made it a condition of the offer. If you're not too far into the process, you still may be able to. You need to make a condition that they cannot close escrow while a tenant is in place. That way, if the tenants are still there on they day you're supposed to close escrow, you have a way out of the deal. Depending on the laws of your state, you may only be able to do this if the house is going to be your primary residence.
A good realtor would have advised you on this matter, and even given the tenants incentive to leave and to leave the house in good shape (i.e. $500 if they leave the house clean and by a certain date, payable at close of escrow)
2006-10-16 12:22:55 · answer #3 · answered by pknutson_sws 5 · 0⤊ 0⤋
Yes, you are correct. A thirty day notice is required by the landlord to the tenants. Once the title is transferred, YOU are the rightful owner of the property. The currentlandlord has to let them know he is no longer going to be their landlord and the month to month agreement is no longer valid; they have to go.
If, for any reason, they remain in the building when the title is tranferred, you can always have them arrested for trespassing and evicted on the spot.
2006-10-16 12:22:07 · answer #4 · answered by infernal_seamonkey 4 · 0⤊ 1⤋
i think of technically that because of the fact the valuables replaced into rented with the flora that the tenants could be actual besides the certainty that yelling and screaming replaced into no longer the final thank you to guard that. the reason i think of it quite is what if the earlier tenants had left say a settee and advised your mom that she could have it and then she rented the valuables with out removing it, which might recommend to the tenants that the settee replaced into there for their use and then your mom and dad desperate after the tenants had moved in and have been applying it to pass in and get rid of the settee. That wouldl be incorrect so i could anticipate that the flora could probably be a similar way. My suggestion is whilst those tenants pass out to get the flora then. maximum persons wouldnt have cared yet needless to say those tenants % to enhance a stink over no longer getting to smell the roses. lol
2016-10-19 12:39:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Depends on the state. Where I live, you or even the police cannot make someone leave a property where they have been living even if the lease is up without an eviction notice. The current owner should begin the eviction process with the courts.
2006-10-16 12:20:14 · answer #6 · answered by CDK 3 · 0⤊ 0⤋
I know in Michigan this happened to me. I had bought a house that I was going to live in and the people were supposed to be out by the day of closing but they weren't. We had to file eviction papers with the court in order to get them to leave. We also charged them rent for the entire time they stayed there which was 30 days past closing. You may want to discuss this with your realtor and see what they might have to say about it.
2006-10-16 12:28:22 · answer #7 · answered by miamac49616 4 · 0⤊ 0⤋
You basically have it correct. Generally no lease means a month to month tenancy. The owner can give 30 day notice, but if the people don't move then the owner needs to evict and gain restitution of the premises. It could be a few months for that process if they refuse to leave.
2006-10-17 01:14:58 · answer #8 · answered by kingstubborn 6 · 0⤊ 0⤋
you have this in your contract, if the tenants are good tenants, you would be wise to keep them, their rent is good for starting out, and a good tenant is worth gold, if you have vacant, no money coming in and you never know what kind of tenant you will get..many people rent the first month and then do not pay, and then you have to go to the trouble of evicting them which is expensive and time consuming....of course it is your choice, but i have worked in property management and have found if the tenants are good, it is best to keep them....
2006-10-16 13:26:50 · answer #9 · answered by walterknowsall 5 · 0⤊ 0⤋
In the purcahse & salea greement, there is a seciton about "possession" You want that to be on closing.
Next, add an addendum that says, "Seller to notify tenants to move by X date, and tenants to be out by X date. Should the tenants continue to inhabit the home on X date, escrow shall hold back $5,000.00 until the tenants have left the home. If there are no additional damages, the seller shall receive the $5000 in full upon verification by both seller and buyer that tenants have vacated."
GEt it? IF they're not out by closing, you get to hold back $5K. Incentive for the seller to get their A$$E$ out.
2006-10-16 12:21:44 · answer #10 · answered by Anonymous · 1⤊ 0⤋