I recently purchased a property sold at a Trustees Sale/auction at the Fairfax County Courthose steps. The previous owner refuses to move out and continues to live there without my consent with his family and other occupants from who he collects rent.
He had stopped paying mortgage to the bank many months back and has been living virtually free since then and continues to do so now at my cost. Not only is he living free, he is profiting by collecting rent from other inmates on a property he no longer owns. In fact it is costing me each day while he enjoys the property while I am denied possession of it. He seems to be able to get away with all this besides encouraging sprawl and being a general nuisance to the neighbors.
I have served him with a notice though the county sheriff to vacate within 30 days but he remains unfazed and adamant. What are my options and where do I go from here...

Hello K:

You NEVER should have purchased the property WITH a tenant... The bank you bought it from SHOULD have evicted the guy FIRST... But, that didn't happen, and I doubt the bank cares now - although they might if you yelled at them... Plus, I don't know WHAT you've been DOING about it over these many months...

Most likely, you're going to have to evict him according your state landlord tenant law. We have copies of your state at the top of the real estate page on a sticky note. IF you AND the courts are efficient, you can have him out in about 3 weeks.

excon

PS> You DO realize that when done correctly, the sheriff PUTS HIM OUT ON THE CURB. He isn't just sent a letter asking him nicely to move...

First, recently enacted law allows a tenant 90 days to move after a property foreclosure. I'm not sure, however, if this applies to owners. However, you should be able to collect rent for that time.

Second, immediately after the deed was transferred to you, you should have sent or delivered a notice to all occupants, that you are now the new owner of the property. That they have 90 days to vacate the property and that they need to continue paying rent until they vacate and that rental should be paid to you. If rent is not paid, you will file for immediate eviction.

But since you didn't do that, you may have forfeited some rights to do so.

As for the owner, after the 30 day notice was up you should have gone to court for an eviction order, why didn't you? Before buying a property at foreclosure, especially one still occupied, you should have done your homework about what you can do about the occupants.

Frankly, while the previous owner is taking advantage of you, you have contributed greatly to allowing him to do so by not knowing what your rights are and what process you need to have followed.

I would go to the local housing court ASAP and file for an eviction notice against the previous owner. I would also serve the occupants with a pay or quit notice.