If I want to buy a home that is listed by a local real estate agent, is it my responsibility to evict renters to move forth with the purchase?

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If I want to buy a home that is listed by a local real estate agent, is it my responsibility to evict renters to move forth with the purchase?

The seller has tenants in this home and states that it is the buyer’s responsibility to provide eviction notice.

The tenant is renting month-to-month. Is this the correct process? How do I proceed with the purchase of this

house? I am unable to see the inside of the home or even do an inspection Is this the buyer’s responsibility?

Asked on August 9, 2019 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The buyer cannot evict until he owns the home--i.e. until after closing. After all, until then, he's not the owner, and a non-owner has no power or authority over the home. The seller, not buyer, can evict pre-closing. 
The seller can also get you access to the home to inspect it: a rental home's owner has the right to inspect or access a home on reasonable notice for, among other reasons, show it for sale. 
So the buyer can let you into the home and can take steps to evict the tenants, IF there are grounds to evict them--bear in mind that if they have a written lease and are complying with it, they cannot be evicted while the lease is still in effect (i.e. has not expired), even if the home is sold: if you buy a home with tenants under a written lease, you become their new landlord. Do you even know if there is a lease? How long it is for? Have you seen the lease?
The seller could, as stated, gain acces to the home, show you the lease, and, if there are grounds to evict (e.g. the tenants are month to month, and so can be evicted on a month's notice) take steps to remove the tenants. That he has not suggests that he is hiding something: damage to the home; difficult tenants or tenants with a long lease; etc. You should walk away from this home.


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