If I buy a house with tenants in it who have no contract, how can I get them out?

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If I buy a house with tenants in it who have no contract, how can I get them out?

Asked on October 25, 2012 under Real Estate Law, Colorado

Answers:

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

Answered 8 years ago | Contributor

Unfortunately, these tenants should have been evicted before the property was transferred to you. However, since that was not done, you will now have to do it. You'll need to serve them with a notice to vacate the premises (typically 30 days). If they faile to leave at the end of that time then you will need to file for an "unlawful detiner" (i.e. eviction lawsuit). After the court issues a writ of possession, if the tenants still refuse to remove themselves from the house, you can a have a sheriff do it. In the meantime do nothing to distrub these "tenants" such as changing the locks, turning off the utilities, etc. You could find yourself on the wrong side of a lawsuit if you do.


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