As a new owner, do I have to honor an existing lease or is it essentially null and void?

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As a new owner, do I have to honor an existing lease or is it essentially null and void?

I am buying a home but the seller has rented the house on a 6 month lease. The tenants are trying to find a house of their own but odds are they won’t be out before I close and assume ownership. Can I evict the tenants or perhaps provide them with 30 days? In just trying to find out all my options.

Asked on August 7, 2019 under Real Estate Law, Texas

Answers:

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

Answered 1 year ago | Contributor

If there is a written lease, then you must honor its terms. This means that you will buy the property "subject to" the exisiting tenancy. In other words, you cannot serve them notice or vacate or attempt to evict them. If you want, perhaps you can offer the tenants some money so that they will move before their lease expires.

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

Answered 1 year ago | Contributor

If there is a written lease, then you must honor its terms. This means that you will buy the property "subject to" the exisiting tenancy. In other words, you cannot serve them notice or vacate or attempt to evict them. If you want, perhaps you can offer the tenants some money so that they will move before their lease expires. 


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