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blount1 · Aug 20, 2007, 11:40 AM

I am buying a property from a family, and the property has some renter in there for 4 years and has not paid rent for 3 years. When I complete my purcahse what is the fast and correct legal steps that I must do to evict the tenats(squaters), and long does it take to cpmplete the process?

Thanks,
Antoine Blount

excon · Aug 20, 2007, 03:56 PM

Hello Antoine:

I wouldn't buy it occupied. The tenant is the present owners problem. Tell him you won't close unless the house is vacant and ready for you to occupy. Otherwise, YOU might get stuck with him there for a long time too. Why should you suffer that?

excon

rockinmommy · Aug 20, 2007, 04:11 PM

I agree with excon. By far the simplest thing for you is for the current owners to get rid of the tenants prior to closing.

If they won't do it and you decide that it is worth proceeding with the sale even if it means you're stuck dealing with these people for up to a few months then you will inherit them.

What state are you in? Did the tenants originally have a (written) lease with the landlord? Since they paid rent at one time they will in all likelihood be treated as tenants and you must deal with them according to your state's landlord/tenant laws. (See the first post in this forum for a link to your state's laws.)

From what you've said you should be able to serve the tenants a notice to vacate on the day of closing (if there is unpaid rent due at that time.) It varies from state to state, but basically you need to give them written notice that they have 3 - 7 days to catch up all of the rent they owe (from what you've said - nearly impossible)or be gone. If they don't satisfy those requirements in the necessary period then you would go to your local Justice of the Peace and file for eviction. The sherriff will serve the tenants notice of when the court date is. Again from what you've said, I don't see any way you wouldn't get an eviction ruling in court. The tenants will then have another period (1 - 2 weeks) to be gone or you can have the sherriff forcibly evict them.

Of course there are ways that the tenants can drag this process out, but usually they have to have some funds and/or pretty extensive knowledge to do so.

Hope that helps some.
Karla in TX