Q: I am interested in purchasing a home that the seller is indicating the existing tenants need 9 months to remove from
Property. Can a seller dictate this even though the home will be owned by me (hopefully in 2 months). I want to live in the home myself
A: It likely is not the seller "dictating" that but rather Oregon law, particularly during Covid times. While the specifics of Oregon's eviction moratorium specifying what can and cannot be done to terminate tenancies during the Covid-19 pandemic have changed enough to currently allow for termination of tenancies due to sale of the property to a buyer who intends to occupy the dwelling as their primary residence with at least 90 days prior written notice if the landlord jumps through all the required hoops, depending upon the location, other Federal, County, or City requirements may (or may not) still block such an action. Even if it becomes allowed, if the tenants refuse to leave, a court eviction action may be required and that could cost hundreds or even thousands of dollars. That is why most buyer's make it the seller's obligation to get rid of the tenants prior to closing as a condition of sale. Then whether it is essentially "free" or if it costs thousands of dollars, either way it is the seller's cost and headache rather than the buyers. Plus it becomes the seller's problem to determine what laws apply and how to go about removing the tenants if necessary rather than yours. IF the landlord screws anything up in the issuance of notices through final eviction, it could cost thousands of more dollars - again, better the seller deal with that possible liability than the buyer.
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.