As a new owner, do I have to honor an existing lease or is it essentially null and void?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
As a new owner, do I have to honor an existing lease or is it essentially null and void?
I am buying a home but the seller has rented the house on a 6 month lease. The tenants are trying to find a house of their own but odds are they won’t be out before I close and assume ownership. Can I evict the tenants or perhaps provide them with 30 days? In just trying to find out all my options.
Asked on August 7, 2019 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If there is a written lease, then you must honor its terms. This means that you will buy the property "subject to" the exisiting tenancy. In other words, you cannot serve them notice or vacate or attempt to evict them. If you want, perhaps you can offer the tenants some money so that they will move before their lease expires.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If there is a written lease, then you must honor its terms. This means that you will buy the property "subject to" the exisiting tenancy. In other words, you cannot serve them notice or vacate or attempt to evict them. If you want, perhaps you can offer the tenants some money so that they will move before their lease expires.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.