After purchasing a rental property, how should the new owner go about evicting the current tenants?

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After purchasing a rental property, how should the new owner go about evicting the current tenants?

My parents are considering purchasing a bank-owned rental property for me to rent from them. The current tenants of the property are paying rent on a month-to-month basis, and do not have a rental agreement. After purchasing the property, my parents intend to evict the tenants from the property so that I may move in. What steps do they need to take? What rights do the current tenants have under the law? What rights do my parents have as landlords? What are the pertinent portions of IN statute?

Asked on March 22, 2011 under Real Estate Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The good thing is the tenants are month to month so your parents simply need to give the requisite amount of notice (usually one month) to move them out. You give them notice and they need to quit the premises after one month. If they don't move, you need to go about obtaining an eviction and they are responsible for any rent for their hold over. For pertinent portions of Indiana statutes and possibly case law or trends, you may wish to contact your local consumer protection bureau that handles such matters, from HUD (Housing and Urban Development) to actual divisions within the attorney general's office that handles landlord tenant matters. Courts also have brochures on this matter.


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