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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.