Clarksville, TN asked in Real Estate Law and Landlord - Tenant for Tennessee

Q: Sellers' month to month tenants of property I will be buying/closing on next week refusing to move after notice given.

Do they then become squatters? They are aware of the sale.

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Landlord Tenant Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You need a competent attorney to represent you, not a title bunch. Seller should have already run them out. If they claim ownership, then the deed will be champertous and void. At best you will have to immediately file and prosecute a Detainer Warrant. You take subject to the rights of those in possession, and you should have already known that. There may be an immediate breach of warranty of title. If their Contract/Lease is recorded, you may never get title.

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