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overplayed · May 12, 2007, 04:44 AM

I just two days ago bought a house from an investor who bought the house out of foreclosure one month ago. The original owner is still residing in the house with no written agrement with the first investor nor has paid any rent money for the past month. What is the minimal time required on the eviction notice?

Thanks Jeff

ScottGem · May 12, 2007, 04:47 AM

Depends on where you are located. At the top of this forum is a note with links to state laws.

However, this isn't a tenant situation. The owner is trespassing. He knows he has to get out, so just go to court and obtain a court order.

overplayed · May 12, 2007, 05:46 AM

Originally Posted by overplayed

I just two days ago bought a house from an investor who bought the house out of foreclosure one month ago. The original owner is still residing in the house with no written agrement with the first investor nor has payed any rent money for the past month. What is the minimal time required on the eviction notice?

Thanks Jeff

I am in Virginia. Sorry I left this out. I don't want to be unreasonable with the occupant, but I do want to know the law.

Thanks Jeff

excon · May 12, 2007, 06:43 AM

Hello Jeff:

Ordinarily, when a house changes hands, the lease, if any, is inherited by the new owner. However, when a house is foreclosed upon, the new owner is entitled to possession immediately. In legal terms, the old owner, is now a trespasser and can be removed TODAY.

However, you mention that you want to be reasonable. Ok, give him 30 days.

excon

overplayed · May 12, 2007, 03:40 PM

Originally Posted by excon

Hello Jeff:

Ordinarily, when a house changes hands, the lease, if any, is inherited by the new owner. However, when a house is foreclosed upon, the new owner is entitled to possession immediately. In legal terms, the old owner, is now a trespasser and can be removed TODAY.

However, you mention that you want to be reasonable. Ok, give him 30 days.

excon

Even though there is no lease, the first investor allowed the old owner to stay while he was considering selling or leasing. Would this still be considered trespassing? Would I still have to file an unlawful detainer if it is trespassing, or would the sheriff remove them immediately? I would like to get them out in 15 days if that is lawful on my part.

Cvillecpm · May 12, 2007, 06:10 PM

Old owner is not a tenant so you do need a notice... get to an attorney ASAP to file for an eviction.

You should have stipulated in your purchase agreement that the property would be vacant at closing.

Fr_Chuck · May 12, 2007, 07:22 PM

Silly question? Have you just went over and talked them them on what their plans are, tell them you are the new owner and ask them how fast they can get out??

ScottGem · May 13, 2007, 03:35 AM

One point not covered was how long the person you purchased from owned the house and whether the original owner paid him any rent. If he did pay rent, then that changes the equation. Even without a written agreement he did becomee a tenant. That means you purchased the property as a rental.

However, since there was no written agreement, he's on a month to month basis. That means you can give him notice equal to one rental period. If he doesn't move out, then you have to go through the eviction process.