Eviction

questions & answers

Question: I am looking at purchasing a house at auction, It is occupied. How do you get the occupants out after purchase? Thank you

Answer: It is unclear if the occupants to which you refer are the current owners of the property or the current owners’ tenants. As a general rule, when a valid rental agreement exists between a landlord and a tenant, and the landlord sells the property, the landlord’s obligations under the rental agreement extend to any new owner until the agreement expires, unless the tenant and the new owner agree otherwise. Depending on the circumstances, the tenant may or may not have a legal right to remain on the premises. If the property is the subject of foreclosure, then it may depend on which party is the senior lienholder. Either way, a tenant who is forced to vacate a property by its new owner during the term of a rental agreement has a right to be compensated financially for any damages suffered as a result of the breach of that agreement. You may wish to speak with an attorney to determine what your specific rights and responsibilities will be if you purchase an occupied property.