If I buy a residential property at auction, what are my rights and options to evict the reluctant resident from the property that I purchased?

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If I buy a residential property at auction, what are my rights and options to evict the reluctant resident from the property that I purchased?

Asked on August 3, 2015 under Real Estate Law, Texas

Answers:

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

Answered 6 years ago | Contributor

If the tenant is in breach of their lease, then you will need to go through the requisite steps for eviction in your state. You can google for further information.

If the tenant is not in breach, then they have certain rights under federal law. If they do not have a written lease then they get 90 days to vacate. If the tenant has awritten lease, they can stay in residence for 90 days after the sale or until the end of their lease, whichever is longer (unless you want to occupy the premises as your legal residence, in which case they get 90 days only).

That having been said, some state laws provide for even greater protection to a tenant. You should consult directly with an attorney who specializes in these case for further information.


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