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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28319
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I recently bought a property at: 811 St Michaels Dr, Bowie,

Customer Question

I recently bought a property at:
JA: Where is the property located?
Customer: 811 St Michaels Dr, Bowie, MD 20721 The property is occupied
JA: Has any paperwork been filed?
Customer: I have spoken with the tenant living there. He has a lease agreement that expires May 2018
JA: Anything else you want the lawyer to know before I connect you?
Customer: He is no longer responding to my messages or attempts to communicate with him/her. What must I do to remove him from the property legally?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 1 month ago.

Good morning. Was this bought at auction, as a result of a foreclosure or did you buy it from a seller? If bought from a seller, did you know a tenant was there?

Customer: replied 1 month ago.
Property bought at auction. I did know that the property was occupied. I did not know that it was a tenant. I thought it was the owner.
Expert:  RealEstateAnswer replied 1 month ago.

Thank you for the reply and please allow me a few moments to respond.

Expert:  RealEstateAnswer replied 1 month ago.

Do you know when the lease was signed? Was it a year lease?

Customer: replied 1 month ago.
Property bought at auction.
Tenant living at property. I was aware of this before I bought the property.
Lease term starts May 1, 2017
Lease term ends June 30, 2018
Expert:  RealEstateAnswer replied 1 month ago.

Thank you for the reply. If an owner-occupier purchases the property, they can terminate the tenancy before the end of the lease term, but must provide the tenant with a 90 day notice of termination.

The required 90 day notice must:

  1. Be in writing;
  2. Be sent by first-class and certified mail, return receipt requested;
  3. State the date on which the notice is being given;
  4. State the date on which the termination of the tenancy is effective; and
  5. State whether the basis for termination of the tenancy is the expiration of the lease term, sale of the property to a purchaser who will occupy the property as a primary residence, or termination of a month-to-month or at-will tenancy.

Moreover, what odd and questionable, is if this lease was entered into in good faith, knowing that the property was subject to foreclosure and an attempt to try and get the tenant more time to remain. That is something that can be argued as well, if they try and contest it.

Expert:  RealEstateAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 1 month ago.
I plan on informing the tenant that the lease payments are to be sent to me as I am the new owner and, as such, am entitled to the same rights and remedies against the tenants of the mortgagor or grantor as the mortgagor or grantor had.
My question is, in the event that the tenant refuses to pay the rent to me, what court must I go to in order to start eviction proceedings? An address and/or phone number would be appreciated.
Expert:  RealEstateAnswer replied 1 month ago.

You are welcome. If they fail to pay the rent as required, which you are legally entitled to, you could evict them. As far as where to file, it would be in the county where the property is located.

http://www.princegeorgescourts.org/178/Clerk-of-the-Circuit-Court

Expert:  RealEstateAnswer replied 1 month ago.

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Customer: replied 1 month ago.
Assuming the tenant decides to remain at the property, how do we handle the security deposit?
The security deposit was (presumably) paid to the previous owner. If and when the current tenant vacates the property, am I, the new owner, responsible for returning the deposit to the tenant or should the tenant request the deposit from the previous owner?
Additionally, can the tenant be evicted for not paying his utility bills?
Expert:  RealEstateAnswer replied 1 month ago.

If the utility bills were included in the lease agreement and he is required to pay them, you could. However, if they are held in his name and they are not paid, the company should cut off the utilities and if they go after you, you can sue him for them. As far as the deposit, the previous owner should have turned it over to you but seeing how this was foreclosed, he likely kept it and spent it and they would have to go after the previous owner for it, who they paid.

Expert:  RealEstateAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!