If the house is not vacated as stated in the buy and sell contract, what can I do? Should I still take procession of the house and deal with the tenant issue or not?

Do you still want the house?

If you want to cancel the sale, then you have grounds to do so, but it might involve a court battle.

You can go ahead with the eviction process then sue the seller for your costs in getting the house vacated.

Who did you buy from, selling a home does not often void a lease.

... Should I still take procession of the house and deal with the tenant issue or not?

No. Tell the seller you refuse to close until he takes care of the problem.

No. Tell the seller you refuse to close until he takes care of the problem.

According to the title the OP already closed. If he didn't they yes he should postpone the closing.


selling a home does not often void a lease.

My impression is that the tenant either has no lease in force or gave grounds for eviction. But if that is not the case and a lease is in force, he will have to honor it.

According to the title the OP already closed. If he didn't they yes he should postpone the closing. ...

Ah. I missed that. :o

OP asked whether he should "take possession". I'm uncertain what that means. The tenant is in possession.

I guess OP will have to evict the tenant and send the bill to the seller. Just as you, Scott, said in your initial post.

If that tenant has a lease eviction is not going to happen unless the tenat does something to violate the lease. A leasr stands through the sale.