How to get tenants out of a house we just purchased

We just bought a house. The previous
owner was suppose to have the current
tenants out 2 weeks after we purchased
it. Now they refuse to leave. How do we
get them out and what are our rights?

Asked on October 7, 2017 under Real Estate Law, Oregon


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

At this point, as the legal owners of the property, you are responsible for these tenants. If they have a written lease, it must be honored. This means that you cannot force  them to vactate the premises prior to the end of the lease term (unless you want to offer them some money as an incentive if they do). If they have no lease, then they are month-to-month tenants, so at the end of this month you can give them a 30 day notice to quit (i.e. move out). No matter what type of lease they have, if they do not voluntarily leave at the end of the lease, then you will have to file for an "unlawful detainer" (i.e. eviction). Until the court grants you possession of the premises, take no self-help measures such as changing the locks, removing their belongings, turning off the utilities, etc. Otherwise, you can find yourself being sued for wrongful eviction if you do.

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