If my mom has had tenants in her home for the last2 years and she sellsit to someone else, what legal action needs to take place if the tenantsdo not leave the property?

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If my mom has had tenants in her home for the last2 years and she sellsit to someone else, what legal action needs to take place if the tenantsdo not leave the property?

Asked on December 31, 2011 under Real Estate Law, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, are the tenants on a month-to-month lease or a term lease with time left after the escrow on the sale of the rental they are living in closes? If there is time left on the lease after the escrow close date, then the tenants come with the home that was sold until the written lease ends.

If the tenants are on a month-to-month lease a notice of termination of their lease (30 days) should be given to them. If the tenants have a longer time period on their lease beyond a month-to-month time period and the buyer wants no tenants in the unit, the landlord typically tries to buy out the tenants' lease.

Your mother needs to complete a tenant estoppel certificate and give it to all buyers as a safeguard concerning the possible sale of the rental.


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