eviction

[snowman45106]

What is the name of your state (only U.S. law)? arizona

If I buy a house and there is people living in it from the last owner how can I evict them.

 

[justalayman]

depends.


If there is a fixed term lease, you wait until the lease expires and having provided them with proper notice per the contract or law, if they fail to leave, you file an unlawful detainer and if seek to have them evicted.


If there is not a fixed term lease, you give them proper notice as the law requires. If they do not leave by the end of the time period, you file an unlawful detainer action seeking to have them evicted.

 

[FarmerJ]

If your going to buy a rented property You have to insist on that the current owner supply you with copy of the lease they hold so you have it right in front of you , so you know if they are month to month or have multiple months left to go and how much the deposit was , if the LL cant provide this DO not buy because after buying then a tenant could whip out a lease you never saw that has terms or conditions in it that stink like current LL doesnt give you a copy and you find out he just renewed with them 2 months ago for 12 months more . really you want that? if your going to make a offer on a rental unit that has tenant but you want to live in it first Id suggest to be able to take pics of the condition of the rental unit before you place a offer then make your offer and in writing to be conditional , so your offer clearly says that the property must be vacant say 72 hours before closing so you can see it and if its found to have costly repairs that occur between your original offer and closing you want the right to reject the unit with out penalty, why because if you want it empty then make it the sellers burden to get them out , and being able to reject if its been trashed by tenant between the offer date and closing will spare you the hassle of having to buy it with even damage. If this LL pooh poohs this id say to walk away , some LLs actually do some crappy things like lie or mis lead and then even if the LL gave them notice to get out and then you closed you still have no promise they are gonna leave and then have the hassle of getting them out your self.

 

[snowman45106]

people renting

If your going to buy a rented property You have to insist on that the current owner supply you with copy of the lease they hold so you have it right in front of you , so you know if they are month to month or have multiple months left to go and how much the deposit was , if the LL cant provide this DO not buy because after buying then a tenant could whip out a lease you never saw that has terms or conditions in it that stink like current LL doesnt give you a copy and you find out he just renewed with them 2 months ago for 12 months more . really you want that? if your going to make a offer on a rental unit that has tenant but you want to live in it first Id suggest to be able to take pics of the condition of the rental unit before you place a offer then make your offer and in writing to be conditional , so your offer clearly says that the property must be vacant say 72 hours before closing so you can see it and if its found to have costly repairs that occur between your original offer and closing you want the right to reject the unit with out penalty, why because if you want it empty then make it the sellers burden to get them out , and being able to reject if its been trashed by tenant between the offer date and closing will spare you the hassle of having to buy it with even damage. If this LL pooh poohs this id say to walk away , some LLs actually do some crappy things like lie or mis lead and then even if the LL gave them notice to get out and then you closed you still have no promise they are gonna leave and then have the hassle of getting them out your self.

The problem is she rented this 4 bedroom house 3 years ago and they owe her over 4000 dollars in back rent.

 

[justalayman]

Who owes whom?

And why wasn't this dealt with when was sold/ purchased?

 

[sandyclaus]

The problem is she rented this 4 bedroom house 3 years ago and they owe her over 4000 dollars in back rent.

That's between HER and the tenants she has occupying the house.

Once you buy the house and transfer title, any rent CURRENTLY due after that is owed to YOU, and any past due rent prior to closing is still owed to HER (the previous owner).

If the previous owner has elected NOT to take the appropriate legal action against these tenants to evict them, that's on her. Once you buy the house, evicting them becomes YOUR problem.

As has been stated, any current lease or rental agreement transfers to you intact once ownership is transferred. If the tenants are on a fixed-term lease, you have the right to evict the tenants only if they fail to pay you rent (as long as they are properly informed that you are the one they need to pay now that the house has been sold) or they break another term of their rental agreement moving forward. You can't evict them simply because you want to occupy the property you just purchased.

If the tenants are on a month-to-month rental agreement, you simply need to provide them with proper written notice (usually 30 days, but check with your state's LL/T laws to be certain).

 

[Stephen1]

As has been stated, any current lease or rental agreement transfers to you intact once ownership is transferred. If the tenants are on a fixed-term lease, you have the right to evict the tenants only if they fail to pay you rent (as long as they are properly informed that you are the one they need to pay now that the house has been sold) or they break another term of their rental agreement moving forward. You can't evict them simply because you want to occupy the property you just purchased.

Security/Damage deposit - You will be responsible for returning the deposit, less any allowable charges, after the tenants move out. So get that transferred to you as part of closing. First you need to find out how much they paid. You may wish to confirm the amount the seller says with the renters before closing. You may want all of this in writing. Regarding those allowable charges - was there a written condition report done at move-in and do you have it?

Last month's rent - Was last month's rent pre-paid? Similar to the deposit you will be responsible for honoring this so determine up front what the truth is.

 

[FarmerJ]

The current owner has a mess, RUN RUN RUN and do not look back , this smells like a bad deal and if you buy it with the current tenant in it Ill lay odds your going to regret it. There is plenty of property out there for sale and even more that is vacant or with sellers who occupy but do need to get out too.