If we are buying a house that has renters from previous owner, what are our rights?

UPDATED: Sep 30, 2022

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If we are buying a house that has renters from previous owner, what are our rights?

In the process of buying a home; we close in about 30 days There are renters currently there and our realtor just informed us that they get to stay after closing 60 days rent free. I couldn’t believe this, rent free? No one said anything about this when we signed the purchase contract. Is this possible they get to stay rent free for 60 days while we own the house? We have not heard if there is a down payment or anything,

Asked on June 1, 2017 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they do not get to stay "rent free": if they have a still-in-effect written lease for a definite term (e.g. a one year year which is not up), they can stay the remainder of the lease term (you buy the home with the tenants and lease, subject to the lease) IF they keep paying the rent--they pay it to you from the date of closing forward. If they fail to pay, you could evict from nonpayment.
If they have a written month-to-month lease or an oral (unwritten; often and inaccurately called a "verbal" lease) lease, which is always month-to-month, you can given them a month's notice terminating their tenancy, then, if the don't leave, file an eviction action; and if they fail to pay rent at any time, you could again eict for nonpayment of rent.

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