What to do if I’m about to close on a property that is currently rented month-to-month and the current tenant was given a 30 day notice to vacate the property?

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What to do if I’m about to close on a property that is currently rented month-to-month and the current tenant was given a 30 day notice to vacate the property?

That notice is up about a week before I am suppose to close and move into my new home. If he is not out by then, am I aloud to vacate him and his stuff without notice, or does the current owner need to file an eviction with the city? I want to move my family into our new home but I also don’t want to break the law by putting this person out illegally.

Asked on December 20, 2012 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would make the close of escrow conditioned upon the seller of the unit having the tenant out of it when you move in. If not, then you now have an eviction lawsuit since the seller can assign you the thirty (30) day notice of termination served. Given what you have written, I suggest that you consult with a landlord tenant attorney for assistance.


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