Rental Basics in 07002>Question Details

Jessie Lin, Home Buyer in New York, NY

How to get rid of both tenants in 2-family home, Bayonne NJ?

Asked by Jessie Lin, New York, NY Mon Oct 28, 2013

We are purchasing a 2 family home for ourselves and in-laws. The seller's attorney is telling us the selling can only get rid of one tenant, but not both. Is this true? And what would it takes to get rid of the second tenant? We want the house deliver vacant, so we can do a gut renovation and have our family move in. Thank you for your kind reply!

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Answers

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If there are leases in place, you have to honor them. You might be able to buy your tenants out of the lease, but legally they do not have to leave if there is a lease in place.
It's hard to tell if what your attorney is telling you is true without a copy of the leases to review.
Have you alerted the tenants that you're purchasing the property? That needs to be done as soon as you are out of attorney review. Certified mail, return receipt.
I have an excellent attorney who specializes in landlord/tenant law. If you would like his name, just reach out to me via trulia or my website below.
Web Reference: http://www.dianeglander.com
0 votes Thank Flag Link Tue Oct 29, 2013
First I would ask what the terms of the leases are. Is the property owner-occupied now? What arrangement did you specify in your purchase contract? It's not easy, but I have seen plenty of sales where the whole house is delivered vacant. Alot depends on the kind of rental agreement or lease that is currently in place. Your lawyer should be able to advise you. Good luck to you!
0 votes Thank Flag Link Mon Oct 28, 2013
Does it hold weight in court if you as the owner of a "2-family owner occupied dweling" include in the contract of the sale of your house that you want to deliver the house vacant to the purchaser? Therefore you need the tenant to leave. There is no lease in place and you provided the 30 day notice.
Flag Sat Dec 7, 2013
Jessie,

Tell Walter I know someone who knows someone...

just gimme a call.

Saul Goodman
0 votes Thank Flag Link Mon Oct 28, 2013
haha
Flag Tue Dec 10, 2013
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