Bought a house but can't get rid of previous owner's tenants.

This is a discussion on Bought a house but can't get rid of previous owner's tenants. within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I just bought and closed a house in Orlando, FL. The previous owner's tenants refused to move out. I do ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Sep 8th, 2011, 03:17 PM   #1
Junior Member
Country:  
mtran0's Flag is: United States
 

mtran0's Avatar
 
Join Date: Sep 2011
Posts: 2

EEK! Bought a house but can't get rid of previous owner's tenants.

I just bought and closed a house in Orlando, FL. The previous owner's tenants refused to move out. I do not live in FL. What recourse do I have? They are not my tenant and as far as I know their lease with the previous owner expired before I went to closing. HELP.
mtran0 is offline   Reply With Quote
Sponsored Links
International Law Issues?
Old Sep 8th, 2011, 04:07 PM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 17,349

Default Re: Bought a house but can't get rid of previous owner's tenants.

I wish to inform you that you may give a written eviction notice to the tenants. In this regard, if the tenants still do not leave the premises then a lawsuit for eviction can be filed. After court passes eviction order then tenants will have to leave the premises. The court order will be sent to the Sheriff who will enforce it and get the tenants to vacate the premises. If you have purchased the house in foreclosure, then tenant generally will have protection that they may be evicted after 90 days notice to vacate has been served.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 8th, 2011, 04:33 PM   #3
R U Kidding Me?
Guest
 

R U Kidding Me?'s Avatar
 
Posts: n/a

Default Re: Bought a house but can't get rid of previous owner's tenants.

A few bits of clarification might be helpful for people who read your post.

Did you do a walk through with your realtor before closing? That would have given you an indication that people were still residing in the house you purchased, and you could stop escrow until the tenants were
o-u-t or legally removed.

Do you have a copy of the lease these tenants had with the former owner? If so, read it carefully and see what's what. This will give you specific info about whether or not the lease did indeed expire before the house was sold.

Did you have the tenants' security deposit given to you or did the seller believe the place was vacated?

If the lease expired and these people remained past the end of the month, these people are holdover tenants--or an illegal John/Jane Doe occupant because they have no lease. You, or your representative (get a good attorney, since you're not in FL), should serve them with an eviction notice and follow through on that process.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 8th, 2011, 05:17 PM   #4
Junior Member
Country:  
mtran0's Flag is: United States
 

mtran0's Avatar
 
Join Date: Sep 2011
Posts: 2

Default Re: Bought a house but can't get rid of previous owner's tenants.

Hi R U Kidding Me?

I bought the house as a short sale from the previous owner. I bought the house knowing that the house was occupied by tenants. The tenants informed me that they only have a 6 months lease from the owner which ended in July 2011.

I do not have any lease agreement with these people and do not have any money from them (neither security deposit nor rent payment). My RE agent told me that the tenants already been served with a notice from previous owner that the house was being sold and transfer to new owners in August 2011.

When I talked with them, before the closing, they asked to stay till 9/02 to wait for another rental. I called them on 9/05 and they ignored my calls. I asked my RE agent to stop by in case they already moved out. He came by and they told him some story that I allow them to stay till 9/12 to decided whether to rent from me and also give them 1 month free rent.

I already asked my agent to recommend some attorneys in Orlando, FL. Since these people are not my tenants, I'm hoping that the eviction process & lawyer fee will not be as bad as a 'regular tenant eviction'.

Thanks for your advice.
mtran0 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 9th, 2011, 12:37 PM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Bought a house but can't get rid of previous owner's tenants.

Quote:
Originally Posted by mtran0 View Post
I just bought and closed a house in Orlando, FL. The previous owner's tenants refused to move out. I do not live in FL. What recourse do I have? They are not my tenant and as far as I know their lease with the previous owner expired before I went to closing. HELP.
What does their lease with the former landlord say regarding sale of the property? Do you have a copy of the lease?

As far as you know isn't good enough. You must be absolute in your claim that it had expired.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 9th, 2011, 12:40 PM   #6
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Bought a house but can't get rid of previous owner's tenants.

You need to check with your state's Landlord/Tenant Relations Laws. There are special circumstances in short sales, foreclosures, leases with clauses regarding sales while renting, etc.

Contact them and find out what your rights are.
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 5 replies and has been viewed 5708 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Bought house at sheriff sale and previous owners wont vacate Rams Mortgages, Refinancing, Foreclosure 2 Jun 4th, 2013 03:24 PM
I bought a foreclose house with illegal tenants rebird Landlord vs Tenant Issues 4 Jun 29th, 2011 03:30 PM
Landlord has admitted some of the damage was done by previous tenants Unregistered Small Claims Courts 1 Oct 31st, 2010 07:44 AM
NJ Eviction: Can the previous owner evict me if he's not the owner anymore? Unregistered Landlord vs Tenant Issues 2 Oct 20th, 2008 11:06 PM
Problem with previous owner Unregistered Miscellaneous Topics 0 Apr 3rd, 2008 11:19 PM


International Law Issues?


All times are GMT -5. The time now is 03:09 PM.