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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37855
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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I am thinking about purchasing a single family home that has

Customer Question

I am thinking about purchasing a single family home that has a month to month tenant in there. The seller will not ask them to move. He said the tenant is my responsibility. I am purchasing the home to live in, not become a landlord. Seller will not put in contract that tenant will be gone at closing. Legally, do I have grounds to ask him to leave or evict if necessary? Or do I have to become a landlord and then go through that whole deal? If so, how long does that take? Home is located in Conklin NY. Thank you for any help you can give.
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: month to month with seller
JA: Anything else you want the lawyer to know before I connect you?
Customer: the home is in really bad shape. Needs to be gutted and renovated. The home in my opinion is uninhabitable. Will I be required to fix everything before possibly having to evict tenant?
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 2 months ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If you do not legally agree to assume the lease from the seller, then when you become the owner, you can terminate the lease based on you not being in contract with the tenant. However, as the seller is telling you that the tenant is yours to deal with, you better look closely at the sale contract to make sure that there is no obligation on your part to abide by, and assume the obligations under the lease from the seller.

Even if you do not assume the lease, you will still have to sue for eviction and that will likely take a couple of months to get the tenant out.

You may reply to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Customer: replied 2 months ago.
Thanks for your reply Doug. I am getting ready to draw up a contract for buying this home. The listing agent verbally told me there is no lease with tenant. He is living there on a month to month basis. I need to know, if there is no lease then does the tenant have the right to ask me to fix everything and make necessary repairs which is impossible with him living there?
Expert:  LawTalk replied 2 months ago.

How long has the tenant been in the unit?

Customer: replied 2 months ago.
I have been told 15 years.
Expert:  LawTalk replied 2 months ago.

Good afternoon,

All right. As soon as you are the legal owner of the property (the deed is filed) then you need to serve a 60 day Notice to Terminate Tenancy.

If you do that you will not have to do the repairs to bring the building up to snuff so long as there are basic things working such as heat, A/C, water, power and working plumbing.

Here is a link to a form you can modify---changing 30 to 60 in the places it mentions 30 days. http://lawlibrary.org/download/62.pdf

Any repairs which cannot be made while the tenant is in place, will not have to be done.

Thank you for your kind words. They are very much appreciated. Unfortunately, your gratitude alone is not sufficient for me to be compensated for my having assisted you, as I am not an employee of the site, but an independent site expert. I am not paid unless you rate my service.

I need for you to rate my service to you by clicking on the rating stars located on your answer page---preferably 5-stars. It is that easy.

Thanks in advance.

I wish you the best,

Doug