Rental Basics in Las Vegas>Question Details

Halukan, Home Owner in Las Vegas, NV

I bought a house with a renter, but want to live there. What do I need to do?

Asked by Halukan, Las Vegas, NV Fri Jan 27, 2012

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8
Jeffrey Sklar’s answer
Every lease I have seen in my close to 20 years in this business transfers with ownership. I have never seen a lease that allows a new owner to get rid of the tenant. Review the lease that the tenant has. Many of the answers I read have a great idea. Ask the tenant to leave and give them financial incentive to do so. Whatever you do, do not try to force them out illegally. Consult one of the local eviction companies and see what advice they offer. Ideally, this should have been done prior to purchasing the home as the tenant could have a multi year lease in place and you could be stuck with a tenant for some time.
0 votes Thank Flag Link Sun Jan 29, 2012
Talk to your tenant. Most likely they will understand and hopefully you can work things out so they can vacate in 1 to 2 months after they found a place. You can always offer an incentive. Give them a list of Realtors or property managers that will show rentals.
Good Luck
0 votes Thank Flag Link Sat Jan 28, 2012
Consult an attorney, but to start with check the lease. Tenants have rights and leases in our area typically do not have language that would remove the tenant if a new owner takes ownership. You can always try and work something out even if there is not language in the lease. Maybe they want to move early? Maybe you could buy them out?
0 votes Thank Flag Link Sat Jan 28, 2012
Your best bet here is to consult with an attorney. Any advice or ideas or thoughts you receive from anyone other than an attorney is simply that; an opinion, (or an idea or a thought). Having said that let me share with you my thoughts. The bottom line regarding your situation is that you are contractually obligated to the terms of the purchase contract you agreed to. If you purchased the house knowing there was a renter living there, and you agreed to that condition; then, you are obligated (legally), to honor those terms. On the other hand, if your agreement does not provide for the renters being allowed to stay, you may be able to reclaim your home. Again, your best first move should be to consult a contract attorney who specializes in Real Estate Law.

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, SRPD’s, etc…).

If you need to get some guidance on preparing yourself for such an interview, give me a call and let’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
REALTOR®
Real Estate Consultant
Prudential Americana Group, REALTORS®
Direct: (702) 218-3974
E-Fax: (702) 317-3371
Email : robertp1@americanagrp.com
Web : http://www.peddicordconsulting.com

871 Coronado Center Dr.
Suite 100
Henderson, NV 89052
0 votes Thank Flag Link Sat Jan 28, 2012
Halukan
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.
Thank You
Suzie Marquardt
702-234-7653
fahrnyteam@yahoo.com
0 votes Thank Flag Link Fri Jan 27, 2012
Hello,

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.

Nakia Woodson
RED CARPET Las Vegas Realtors
702-318-1244
NakiaWoodson@yahoo.com
0 votes Thank Flag Link Fri Jan 27, 2012
What is the agreement that the renter has? Is it a lease or is it a month to month tenancy? This is the first thing that needs to be determined. If there is a lease you can honor it or negotiate to buy them out. If it's a "Month to Month" you can give the ten ant the proper notice and request vacancy!

Lisa Wetzel
RE/MAX Realty Affiliates
1320 Hwy 1320
Gardnerville, NV 89410
775-781-5472
0 votes Thank Flag Link Fri Jan 27, 2012
It depends on how you acquired the property and also depends (partly) on the tenant's current lease. This would be a good question to ask the agent who represented you when you purchased the house.
0 votes Thank Flag Link Fri Jan 27, 2012
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