One thing that you may learn from an attorney is that, depending on how long you have allowed this situation to continue without addressing it legally, you may discover you are offering your unwanted tenants a lease by implication. There are various easement rights that can come into play when you allow a situation to continue without addressing it legally. So, the most important thing you can do in this situation is consult an attorney and provide that counsel with all of the documents relating to the transaction, (Purchase agreement, addendums, counters, SRPDâ€™s, etcâ€¦).
If you need to get some guidance on preparing yourself for such an interview, give me a call and letâ€™s talk. I could also provide you with the name and number of some quality attorneys too. I look forward to hearing from you.
Robert K. Peddicord
Real Estate Consultant
Prudential Americana Group, REALTORSÂ®
Direct: (702) 218-3974
E-Fax: (702) 317-3371
Email : email@example.com
Web : http://www.peddicordconsulting.com
871 Coronado Center Dr.
Henderson, NV 89052
If you have not closed on the property I would review the lease that is place and or find out if the tenant is on a month to month occupancy or a lease. If the tenant is on a month to month you may be able to give notice and have the tenant move. The eviction companies may be a good source of information also. I would Google information on tenants rights. I would assume all of this was discussed in the purchase process unless you purchased the property at auction. I hope you have a tenant that will work with you. If it gets sticky I would get legal advice to make sure you know the laws and how to proceed.
You need to review the terms of their lease. Typically most leases have a standard clause that states that if there is a new owner and/or owner wants to live in property, owner can remove tenant with a thirty day notice. If this was a foreclosure, the tenant has ninety days from the date that you provide notice that you are the new owner.
RED CARPET Las Vegas Realtors
RE/MAX Realty Affiliates
1320 Hwy 1320
Gardnerville, NV 89410