Can I evict tenants when I purchase a property?

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Can I evict tenants when I purchase a property?

The seller of a duplex signed year lease with tenants the day we put a cash offer contract on the house Is this lease contract binding? When we close in 2 weeks?

Asked on March 19, 2018 under Real Estate Law, Texas

Answers:

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

Answered 4 years ago | Contributor

When someone buys property with legal tenants, they buy the premises "subject to" their lease. In other words, it is binding on you. At this point, you can either try to buy out the tenants (i.e. offer them a sum of money to move) or you can check your purchase gareemnt and see if the seller's leasing the property prior to the sale breached the agreement thus giving you a right to sue them. At this point, you should consult directly with a local real estate attorney who can best advise you further.


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