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Krystal_schreiber · Jul 17, 2007, 09:05 PM

Hi, I'm krystal

Me and fiancé have been looking at this house for over 6 months. We've finally made a commitment, gave the tenant 30 days to vacate the home, and on Aug 4, 2007 we are supposed to move in. Today we got a call that the lady is fighting because she has a lease and there is no where else to go with her and her 3 kids.
But the realtor, landlord, and bank never said anything about a possible lease.. isn't that bad?

What can we do? LEGALLY?

1. buy the house and charge her OUR rate for rent... even if she can't pay it and then kick her out for not paying?

2. Wait until Nov when the lease is up?

Please help!

rfair · Jul 17, 2007, 11:45 PM

Demand a copy of the lease from the sellers/realtors. Even if there is no lease, you will have delays kicking out an uncooperative tenant. The basis of your bargain may be thwarted by inability to move in, and you could possibly back out IF your deal has yet to close. Other remedies may be available if it has closed. What state are you in?

ScottGem · Jul 18, 2007, 06:18 AM

Excuse me? You decided to buy a home that you knew was being rented and you never asked specifically if the tenant had a lease? Did you think she became a tenant without one? Didn't you have a lawyer to represent you in siging the sales contract? When are you supposed to close on the house?

The first thing you need to do now is get a copy of the lease and see when it expires. You say the lease expires in Nov? Then you cannot force her to move until then, nor can you raise the rent. If the lease had already expired, that means the tenant is on a month to month lease. This means you can terminate the lease with one rental period's notice. Assuming the rental period is a calendar month and you gave her notice prior to July 1, then she has to be out by August 1.

However, if she refuses to move, then you have to go through the eviction process to get her out. You can't start that process until after you close or after the date you terminate the lease whichever is later.

If the tenant has a lease with a future expiration date, then you certainly have a cause of action against the realtor and previous owner (not the bank) for not revealing this during negotiations. You can sue them and probably cover your expenses in evicting and living until you can take possession of the house. It would also be grounds for backing out of the sale and getting any deposits returned.