Q: I just bought a home occupied by tenants who have a verbal lease, and haven't paid rent in months what rights do I have?
My husband and I bought a property that includes a home, a large shop, a pivot, and 47 acres. The prior owner and leaser have no written contract, is currently late on payments. The home in question however, is occupied by the leaser's employee. The leaser tried to file bankruptcy to try to get out of his obligation, but was denied. What are my rights as the new owner? How do I evict the tenants and take back possession of the rest of our property (shop, pivot, and 47 acres) from the leaser? Do I have to give 30 days notice or longer?
A: You need to fully review everything with a local landlord-tenant attorney. You are extremely limited in what you can do. You SHOULD have made getting rid of the tenant a condition of closing the sale. If you are intending to use the dwelling as your primary residence, the seller would have had grounds to terminate the tenancy and remove your occupants. Except for Covid - until it is over, as declared by the Governor, neither you or the seller have authority to evict the tenants. After Covid, you may be able to terminate their tenancy with a properly worded 90 day written notice, lawfully served. See a local attorney if you want to get it right. Good luck.
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