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wilandnet
LIF Infant
Member since 9/05 224 total posts
Name:
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Buying a home with a tenant in legal apt
We are looking at purchasing a home. This house happens to currently have a legal apt which is currently occupied. If we purchase this house, we would like to rent the apt to one of our friends. Is their any law preventing us from telling this tenant that they cannot stay after we close on the house?
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Posted 2/9/06 10:57 AM  |
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BrunetteMom
LIF Adult
Member since 8/05 1480 total posts
Name:
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Re: Buying a home with a tenant in legal apt
Nope, I don't believe so. I think that it's up to you whether or not you want to keep that tenant.
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| Posted 2/9/06 11:10 AM |
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Elbee
Zanzibar
Member since 5/05 10767 total posts
Name:
Me
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Re: Buying a home with a tenant in legal apt
If they have a lease, you need to read it. They current owners may have signed something that says that they have say a 2-year lease regardless of ownership ... and your contract obligations may then reflect that.
However, if sale of the house doesn't depend on that and the tenents & current owner are not in any binding agreement, you can ask them to leave.
However, it may be difficult to get rid of tenents who don't want to leave. Many times the law is on the tenents side and it could take up to a year or more to get a tenent out. You should check into the laws and also what sort of agreements the current owner has with current tenent.
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| Posted 2/9/06 11:15 AM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Buying a home with a tenant in legal apt
If they have a lease... you have to follow the rules that the lease entails.
You can't just kick them out when you move in. You have to wait till their lease ends, unless there is something specific in the lease that says the rules will change if the ownership ever changes.
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| Posted 2/9/06 11:17 AM |
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schnapy
LIF Adolescent
Member since 9/05 766 total posts
Name:
Diana
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Re: Buying a home with a tenant in legal apt
You should buy they house without a tenant. Its the current owners job to get rid of them prior to closing..
Or tell them you dont want the house. Be prepared for possible headache
My boss buys and sell property and all his properties are bought without tenants. He says its better to recieve a building clean
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| Posted 2/9/06 11:23 AM |
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Boobobunny
Live in the Present
Member since 5/05 3572 total posts
Name:
Dannielle
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Re: Buying a home with a tenant in legal apt
I made the previous owners tell the tenant to leave before we would go to closing.
luckily she didn't have any kind of lease...it had expired around the same time that the owner decided to put the house on the market...so she didn't renew.
The tenant had originally told the owner that she would like to stay on when the house was sold...but after meeting the woman I decided that she needed to leave...she was a nasty filty mouth woman...I knew she would cause drama for me...plus the nighbors told me that she has 2 adult children that are in and out of the APT who cause all kinds of trouble...it didn't want or need that.
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| Posted 2/9/06 12:10 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Buying a home with a tenant in legal apt
Posted by schnapy
You should buy they house without a tenant. Its the current owners job to get rid of them prior to closing..
Or tell them you dont want the house. Be prepared for possible headache
My boss buys and sell property and all his properties are bought without tenants. He says its better to recieve a building clean
Its really never a sellers "job" to get rid of a tenant. Usually thats a task that the buyer has to handle.
There are leases that need to be addressed. Also... even if you buy a house with a tenant that has no lease... you just can't "kick them out" immediately when you move in. You have to start the eviction process which can take at minimum two months to process.
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| Posted 2/9/06 12:11 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Buying a home with a tenant in legal apt
Posted by Boobobunny
I made the previous owners tell the tenant to leave before we would go to closing.
luckily she didn't have any kind of lease...it had expired around the same time that the owner decided to put the house on the market...so she didn't renew.
Hmmmmm... interesting. Sounds like you made your purchase of this home contingent on the seller removing the tenant.
Not bad. 
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| Posted 2/9/06 12:12 PM |
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schnapy
LIF Adolescent
Member since 9/05 766 total posts
Name:
Diana
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Re: Buying a home with a tenant in legal apt
Dj Pill if a landlord wants to sell a house with a tenant the new "buyer" can say the the sale is contingent upon the "tenant" leaving.
When we boiught our 2 family house thats what we did and the seller had to get rid of the tenant lease or new lease.
Usually the seller will give the tenant money to find a new apt if there is a lease.
If there is no lease and the tenant is on a month to month they have to give them 30 days notice.
Thats what our agreement says and we make them sign it, its a month to month.
ALthough there is always the scenario where they wont leave.
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| Posted 2/9/06 12:25 PM |
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wilandnet
LIF Infant
Member since 9/05 224 total posts
Name:
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Re: Buying a home with a tenant in legal apt
If we proceed with this home, then we will request the seller to inform the tenant that they would have to go. Hopefully this person is not in a lease and is month-to-month.
"A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment."
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| Posted 2/9/06 12:32 PM |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Buying a home with a tenant in legal apt
The lease is an agreement between the current owner of the house and the renter. I don't see how a new owner should have to honor it.
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| Posted 2/9/06 12:43 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Buying a home with a tenant in legal apt
Posted by Christine
The lease is an agreement between the current owner of the house and the renter. I don't see how a new owner should have to honor it.
The tenant/landlord laws protect the tenants in this scenario. Unless its explcitly stated in the lease... the new owners of the house must abide by the rules that are stated on the lease.
There are plenty of books you can buy at the bookstore to learn about this subject. There is a whole section on landlord laws and "how to become a landlord". They are worth the read if you plan on putting yourself in this situation.
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| Posted 2/9/06 12:48 PM |
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schnapy
LIF Adolescent
Member since 9/05 766 total posts
Name:
Diana
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Re: Buying a home with a tenant in legal apt
DJ Pill there are laws but I think in a private home there are ways to get around it.
A building would probably be harder
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| Posted 2/9/06 12:50 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Buying a home with a tenant in legal apt
Posted by schnapy
DJ Pill there are laws but I think in a private home there are ways to get around it.
A building would probably be harder
Even if you live or rent an ILLEGAL apartment... you still must follow the landlord/tenant laws that are written in the state you belong in. Buildings really (in relation to the laws) are no different than private houses.
You still must give written 30 day notice to evict someone. And if they have a lease... you still must honor it.
If you have an illegal apartment... if you don't honor it all the tenant has to do is report you and you get screwed. If the town finds out... yeah the tenant has to leave even with the lease but you get screwed as well.
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| Posted 2/9/06 12:54 PM |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Buying a home with a tenant in legal apt
Posted by DjPiLL
Posted by Christine
The lease is an agreement between the current owner of the house and the renter. I don't see how a new owner should have to honor it.
The tenant/landlord laws protect the tenants in this scenario. Unless its explcitly stated in the lease... the new owners of the house must abide by the rules that are stated on the lease.
There are plenty of books you can buy at the bookstore to learn about this subject. There is a whole section on landlord laws and "how to become a landlord". They are worth the read if you plan on putting yourself in this situation.
I don't need to buy anything, I was just expressing a thought about agreements.
But I do know plenty of people that were told to move out of their apartment in a legal two family when it was sold.
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| Posted 2/9/06 12:55 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Buying a home with a tenant in legal apt
Posted by Christine
I don't need to buy anything, I was just expressing a thought about agreements.
But I do know plenty of people that were told to move out of their apartment in a legal two family when it was sold.
I understand that.
Yeah some people can be asked to move and they have no knowledge of the laws out there that protect them so they don't know any better and they leave.
But there are smarter people out there that picked up a book... read the laws... and know their rights. Good luck getting those people to leave.
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| Posted 2/9/06 12:56 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Buying a home with a tenant in legal apt
I suggest anyone that is unfamilar with these laws to read through this forum. Lots of good stuff here.
FreeAdvice.com Landlord / Tenant Issues
Then look specifically at this related thread.
Can I break a lease at the purchase of a home ???
And read this point over a few times.
Bottom line:
You have a valid lease.
Your lease obligation is NOT waived upon sale of the property.
Make sure that your deposit is transferred to the new owner.
Very interesting last point. I never even thought of that.
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| Posted 2/9/06 1:07 PM |
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schnapy
LIF Adolescent
Member since 9/05 766 total posts
Name:
Diana
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Re: Buying a home with a tenant in legal apt
**** we must be lucky we always got rid iof people by giving them a couple of bucks to get out.
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| Posted 2/9/06 1:34 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Buying a home with a tenant in legal apt
Posted by schnapy
**** we must be lucky we always got rid iof people by giving them a couple of bucks to get out.
Bribery can do wonders. 
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| Posted 2/9/06 1:36 PM |
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schnapy
LIF Adolescent
Member since 9/05 766 total posts
Name:
Diana
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Re: Buying a home with a tenant in legal apt
we live in a crazy world
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| Posted 2/9/06 1:54 PM |
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MrsS1126
MY FOREVER
Member since 1/06 1671 total posts
Name:
Jackie
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Re: Buying a home with a tenant in legal apt
Posted by BrunetteMom
Nope, I don't believe so. I think that it's up to you whether or not you want to keep that tenant.
I agree
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| Posted 2/9/06 3:38 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Buying a home with a tenant in legal apt
Posted by MrsS1126
Posted by BrunetteMom
Nope, I don't believe so. I think that it's up to you whether or not you want to keep that tenant.
I agree
This is NOT the law. You cannot just "kick out" any tenant that lives in a house you are buying that has an executed lease with the previous owners.
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| Posted 2/10/06 2:10 PM |
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