Q: I'm buying a house that has a tenant living in the house. The purchase agreement was in place before the governor place
the say at home order. I'm afraid the tenant is not going to move. The agreement was I get the keys at closing. Can I legally make them move?
A: Once the closing of the sale occurs and you become the owner of the property, you will be legally entitled to evict the occupants. Whether and when the district court will process and enforce an eviction becomes the issue. Evictions are being adjourned until after May 1, or some other date, by the district courts. You need to determine the precise status of operations for the district court where the property is located. If your purchase agreement provides for you to receive possession at closing, however, consider insisting that the tenant be out before you close.
A: Your hold over seller becomes a tenant after the sale closes and so if they do not move timely, you will have to file an eviction action. Depending on where you live right now, because of the pandemic lock down, many courts are closed and will not hear eviction actions. So you need to be aware of that. Good luck, David Soble www.ProvenResource.com
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