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    banana123's Avatar
    banana123 Posts: 1, Reputation: 1
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    #1

    Jun 30, 2011, 12:58 AM
    I bought a house and after closing find out the tenant was not evicted as stated.
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 30, 2011, 03:34 AM

    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.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Jun 30, 2011, 11:09 AM

    Who did you buy from, selling a home does not often void a lease.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 30, 2011, 12:09 PM
    Quote Originally Posted by banana123 View Post
    ... 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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 30, 2011, 01:27 PM
    Quote Originally Posted by AK lawyer View Post
    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.

    Quote Originally Posted by ballengerb1 View Post
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 30, 2011, 01:45 PM
    Quote Originally Posted by ScottGem View Post
    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.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #7

    Jul 1, 2011, 10:28 AM

    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.
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