Q: We are In the process of purchasing a home with renters who don’t want to leave
Current owner has served them a 90 day termination notice. Our realtor is saying that at the 90 day mark they can be removed by the sheriff if they haven’t voluntarily left yet. Is this true? Or would we have to wait the 90 days and then the current owner file for eviction proceedings?
A: I hope your realtor knows more about real estate than he does about landlord-tenant law. IF the current owner served a lawfully worded 90 day Notice, and lawfully served it, and the tenants don't leave, then the current owner will have to go to court to evict them - and that could take awhile if they actively fight it. Any real estate buyer with a brain in their head makes the seller get rid of the tenants as a contingency of the sale. Was the Notice served after you agreed to buy? Did current owner serve the tenants a copy of the sale paperwork? Did you certify that you intend to occupy the rental property as your new primary residence? If the answer to any of these is "no", then the 90 day Notice may be invalid and it all started over with a new 90 day Notice. Even if a court evicts them, they may choose to appeal the ruling - staying in the dwelling until an Appellate Court rules. If you buy with the tenants still in possession, it could cost you substantial time and money to get them out. One more thing - Never take your legal advice from realtors who may not know their own limitations. Or maybe they are saying anything that they think will get them their commission. Either way, if the need arises, talk with a local landlord-tenant attorney.
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