We are looking to buy a home that is a short sale. There is currently a tenant in the house and we cannot

Stevi Gacek
Home Buyer
85086

continue to rent to them because we are getting an fha loan to buy the house. Any advice on what needs to be done to get them out or does their lease agreement trump our new contract??

Answers (5)
Stephen Goodman
Broker
85086

The owner and the listing agent should have addressed this issue before putting the home on the market. Ask your agent to find out if there is an agreement with the tenants for them to move out at the close of escrow. If not, I suggest you pass on this property.

Sun Apr 19 2009, 15:44
Janice Dunnigan
Agent
Phoenix, AZ

Hello,
I would make an offer contingent upon the tenants moving out by the close of escrow. The current owner can try and negotiate that with the current tenants. If it is not possible, I would probably move on to another property.

Thu May 22 2008, 09:49
Mike & Cathy Ca...
Agent
85255

Don't waste you time on this home! Their to many homes on the market. The Rental contract will move on with the purchase of the home. The only way is to get the owner to get them out of the home by adding a contingency to the contract. My advice look for another home! I live in your area. Call us if we can help!

Wed May 21 2008, 13:17
Mikem
Agent
01803

Make your purchase and sale contingent on tennant moving out before closing, let the owners deal with it. That's always the easiest way. If that doesn't work you should talk to an attorney and see what else can be done.

Sun Feb 17 2008, 13:29
Jay Thompson
Broker
Phoenix, AZ
FIRST ANSWER

"Tenants Rights" laws in Arizona generally mean that a lease transfers with ownership change. As with any rule or reg, there can be exceptions.

It's possible that the tenants may want out, or would be agreeable to some sort of "buy out".

A real estate attorney is your best bet to fully understanding the tenants rights.

Sun Feb 17 2008, 12:31

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