What can happen if I’m buying a condo that is tenant occupied and they do not vacate as scheduled?

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What can happen if I’m buying a condo that is tenant occupied and they do not vacate as scheduled?

They will leave on 09/30 and the escrow loan document signing is the same day. The final walk -through is the day after, 10/01. What if after I signed the loan documents, the tenants are still there or the condo is in bad shape? Am I still protected? Do I call the lender to hold funds? My agent is telling me to trust him.

Asked on September 27, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Do the tenants have a written lease? If they do, they can only be evicted *after* the lease expires--changing ownership does not affect their tenancy, and when you buy property that is leased out, you buy it subject to the lease.
If the tenants do not have a written lease or the lease had already expired but they kept paying rent, they are month to month tenants and you have to give them at least 30 days notice.
They can also be evicted for nonpayment of rent; for violating the provisions of a written lease; for damaging the unit; for certain kinds of illegal behavior. 
No matter what the grounds for eviction, eviction is through the courts--if they don't leave after a lease is expired and you ask them to go, or after 30 days notice if no written lease, then you have to file an eviction proceeding to get them out.
Landlord-tenant law is highly technical: too short or the wrong form of notice can result in your case being dismissed (and you having to start over and try again); in some cases, taking rent after you gave them notice to get out also results in dismissal. You are strongly urged to hire a landlord-tenant attorney to help you.


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