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sftballplayer73 | What are buyers rights when buying a home that is occupied by a renter? |
We are in the process of buying a house in California. When we made the offer, it was accepted, etc, the tenants told us,our realtor and the owner of the home that they could be out at any time we needed them to be. We are set to close escrow in two weeks, and now the tenants want to stay until the end of their lease, which is the end of next month. Do we as the buyer have any rights? |
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kemperk
 |
READ your query again. YOU have the right to buy and
occupy. The tenant has the right to occupy before you since
they are already there.
It is not 1-2 years, but 1 mo. Or , excuse me, "Much ado about
nothing". Stay where you are for 1 more month.
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financing_loans
 |
No you take the lease as is. The renters are allowed to stay in the home until the end of the lease. These are california rules. If the owner did not qualify this in the offer you might have damages. But you are basically taking over their lease. You are now the landlord. They can stay until their lease expires. You have plenty of rights as a buyer, but thats not one of them.
You can always try to pay them to move out, that works and should be a sellers problem. The point is simple, the lease follows the contract. Just because owners change hands doesnt mean the lease is void. You bought a house with a lease. Its that simple.
http://www.dca.ca.gov/publications/landlordbook/index.shtml
These are the Tenants rights, and your rights as a new landlord. You keep saying you are the buyer... Not correct, call yourself the *NEW LANDLORD* |
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Steve D
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Not really. The tenants have a lease that is valid. A verbal agreement in a real estate deal is like no agreement at all. Real estate (including rent agreements) are only valid when in writing. |
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Ron G
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You as the buyer have lots of rights. Unfortunately none to kick out a paid up and in term renter. You should inspect the lease and note any terms that you do not like and use it as a negotiation tool. If you have already signed on the line to buy, you have bought the house subject to the rental agreement already in place. If I really needed to get in the house I would think about maybe paying the tenant to get out early. I hate to say this but if they were savvy about renters rights they may have had this in mind all along. Sorry, but always read as much as you can in the way of documentation. By the way, all of the parties are covered here like the old owner, realtors, and renters. If pressed they will all say that the renter getting out anytime meant a 'reasonable' time. Which most all judges would agree. It sounds like they all disclosed everything to you and lacking something in writing from anyone you are stuck with this. Once again I still would check the lease to see if it says anything to help you. |
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LYNN W
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WHen you buy a home as a rental you have to allow the tenants to stay out there lease and then you can chose to let them go or allow them to renew. You cannot kick them out before their lease is up. |
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acermill
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If there is no agreement in your offer to purchase/contract that the tenants must be out by a certain date, they are allowed to stay for the duration of their legitimate lease. Sad to say, YOU are the one who screwed up here by not having your agreement in writing as an integral part of the purchase agreement.
You will live and learn. |
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goz1111
 |
You do not have any recourse against the tenant’s since they have a valid lease and it will be binding upon you, but you can place pressure on the seller, hopefully the offer was contingent on them moving out by the closed date, if it was then you can refuse to close until the seller takes care of the renter, i.e. buying them out, if nothing is in writing then you can only hope they are out by the end of next month or you will have to evict through the courts |
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charlie
|
Was it written into the contract that the tenants had to be out before you closed on the property?
If not - then I am pretty sure they can stay. I don't know CA law specifically but in NC they have a lease that is legally binding. If they didn't sign something changing that then they might be able to stay.
Did the landlord give them a 30 day notice that they had to vacate the property? I'd contact a real estate attorney out there. Good luck! |
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krazy f
|
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Manoj S
 |
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Meghan
|
It depends on state law. For starters, the tenant agreed to be out, so that is the agreement. I would talk to the sellers and tell them you don't want to close until the tenant is out. That way, any damage done to the property is not your responsibility to fix. If the tenant wants to stay, and you agree to it, you want the security deposit (and of course the last months rent) forwarded to you- or credited at closing.
You, as the buyer should have rights. The tenants agreed to be out, which is why you bought the property. If you can let them stay, it would be a goodwill move on your part, but you are under no obligation to do so. |
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