Real Estate Law
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I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
If the tenant does not pay rent within three days after you served the notice (not counting the day he gets it), you can go to the landlord/tenant court and evict him. The lawsuit must be filed in the county where the property is located. Many courthouses have forms you can use - check their website, and if you don't see anything, call to ask. You may be able to have them mail you the forms and return them by mail. It will take longer, but it's also cheaper than hiring a lawyer. You can also hire a lawyer to file the lawsuit for you.
If the tenant pays, then he is legally allowed to stay until the end of his lease, even if the property is sold. The new owner accepts the property subject to the lease, with the same terms.
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Then you have serve him a 30 day notice to vacate. Anyone who is going to buy the property will probably include a clause stating that you're responsible for ensuring the tenant leaves before the closing.
The 30 day notice lets him know that you're terminating the lease at the end of the next month. That just goes to him. If he doesn't leave, then you have to go to court to evict him.
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