Home Buying in 79411>Question Details

Lcsmith, Other/Just Looking in Garland, TX

looking to buy a home that's for sale, however home has a slighty hostile tenant till July 2013, what are my right?

Asked by Lcsmith, Garland, TX Sat Mar 16, 2013

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6
Everything is negotiable. Perhaps hostility can be turned around to a situation that benefits all parties involved, with a Realtor who knows how to handle such situations.

Paula Thompson, REALTOR
Keller Williams Realty
806.928.9102
paulathompson@kw.com
2 votes Thank Flag Link Sat Mar 16, 2013
If the tenant has a lease, the purchaser of the property must honor the terms of the lease, in the State of Texas. If tenant, has month-to-month lease, you can give notice to the tenant to evacuate. Check with your attorney.

Paula Thompson, REALTOR
Keller Williams Realty
806.928.9102
paulathompson@kw.com
1 vote Thank Flag Link Sat Mar 16, 2013
You have the right to reasonable access and they have the right to quiet enjoyment.
You have to honor a lease in place in most cases, but you might want to review the lease.

What rights do you want?
0 votes Thank Flag Link Sat Mar 16, 2013
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
If the tenant has a lease, then the tenant has rights granted in that lease. You need to request a copy of that lease and you will need to abide by the rights given to the tenant as well as the landlord.

He may seem hostile to you, but he has rights also, those granted to him by the landlord. All agreements are a two way street.

Most agreements have the word "reasonable" inserted into the rights of either party. If you do not think you can determine what is reasonable, and feel the tenant is being unreasonable, then the owner should consult a competent attorney to help him or yourself determine what "reasonable means.

A good attorney will probably advise you that if you purchase the property prior to the lease being terminated, then you will have to abide by the terms of the lease.

Folks often fail to realize that tenants have rights also, particularly those granted in a lease.

Most leases do have clauses allowing for inspection of the premises on some type of a regular basis, and with proper notification of the tenant., as well as a time period that the property can be shown to prospective tenants, some may not.

Get a copy of the lease and see what it says. Your future tenant may have a reason to be hostile!
0 votes Thank Flag Link Sat Mar 16, 2013
Lcsmith,
The lease may be up then, but hostile tenants have a bad reputation of sticking around well past that. Start by reading up on the TX landlord tenant law. If you close on the sale with the tenant still there, you will be the new landlord, for better or for worse.
If you want to close before then, you could incentivize the tenant with something like cash for keys and a clean move out.
Do your homework on this one, there are many ways this could become very sticky.
0 votes Thank Flag Link Sat Mar 16, 2013
Everything is governed by the executed lease agreement.

Lynn911 Dallas Realtor & Consultant
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972-699-9111
http://www.lynn911.com 100's of Dallas homes listed for sale or lease

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0 votes Thank Flag Link Sat Mar 16, 2013
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