If you buy a house that has a tenant in there how do I make sure they are going to leave?

Question

I want to live there and want the tenant out before I get there how does it work so they are gone before I buy the house?

Answer 1

If you truly want that then you should make it a contingency of the purchase. When you purchase a property that is used as a rental you are also purchasing the contract (lease) that comes with the property. For example, if the tenants there are on month 6 of a 1 year lease then you have to honor the rest of the 6 months the lease is in effect.

If you purchase the property and the tenants are in the house then you will have to give them proper notice to move, according to your state laws, as long as the lease is a month to month lease. if they decide not to move then you will have to evict them. If they do move you are responsible for returning their security deposit to them as per the terms of the lease (which you inherited upon sale of the property to you). If you evict or they cause damage while leaving you will need to go after them for repair of the property. Trust me, having the current owner get them out will save you a ton of possible headaches.

Answer 2

Depends on what basis they are there. If they are on a fixed term let, then you can choose not to renew it at the end. If they are what is called in the UK a "sitting tenant" (which is now more applicable in the US than here) then you have very little option.

Cutting off the gas and electric and stuff like that is criminal and will get you into a lot of trouble, so don't do that (not that you would, I'm sure, but I'm just covering my own *** here...)

Check with the seller on what basis the tenant is there, and whether they have a date for moving out. If they're at all evasive or won't give you that information, then I'd say you don't want to go ahead with this deal.

Answer 3

First, review your contract thoroughly.

Next, are you purchasing an investment property or a property that you intend to occupy as an owner?

If it's an investment property, as stated by previous posters, you're likely required to purchase the home subject to the existing lease (depending on your state laws).

If it's purchased for owner occupancy and the tenants have already been given notice to vacate (and you better make sure your contract reflects this), and assuming you're getting an Owner's Title Policy, have the title company inspect the property the day before or day of closing. If the property is not vacant, they will likely not issue a policy unless you sign some sort of "Waiver of Inspection" which you don't want to sign. This makes it the seller's problem if tenant hasn't vacated and typically allows you to not close until the tenant has vacated.

But this generalization depends on how your contract reads and what your state laws reflect.

Answer 4

If you buy the house, you buy the tenant too. The only way you can kick them out is if they don't have a lease and are on a month-to-month. Even then you must give 30 day notice to vacate.

Answer 5

Make it a part of your offer that the tenants be out before closing.

If the tenants have a lease, they don't have to move till the lease expires. Ask when the lease will terminate.

It's still possible that the tenant can be convinced to move out. Sometimes offering them money will get them out.

Answer 6

I believe the previous owner must notify the tenant and they have a certain amount of time to get out..You may also ask your Realtor about this situation..