Question Details

Buy Phoenix, Home Buyer in Phoenix, AZ

I just closed on a short sale that had a tenant. Am I obligated to honor the tenants lease or can I write up a new one or kick him out?

Asked by Buy Phoenix, Phoenix, AZ Thu Nov 3, 2011

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Generally speaking, that is governed by state law. However, I would talk to the tenant!
Often times, they are ready to leave anyway, or would leave with an incentive, such as 1/2 month rent.
I hope it works out well for you.

0 votes Thank Flag Link Thu Nov 3, 2011
I agree with both answers! I do believe the tenant is protected if they have a lease agreement. I would, however discuss the situation with the tenant. They may be willing to move out with reasonable notice (30 day), or with some incentive (cash for keys).....depending on their response, and their willingness to work with a new 'landlord' you may or may not be obligated to extend to them the house for the duration of the lease.
0 votes Thank Flag Link Thu Nov 3, 2011
You really should have done this research before you Offered:
In 2009 Obama passed a BILL protecting Tenants, primarily because of the Housing Crisis.
You should double check me, but, in essence;
If there is a Tenant and they have a LEASE, that lease must be honored by the new owners.
If they do not have a lease, they are allowed to stay as much as 90 days, and I think they may receive some Moving Money from our Gov.

Good luck and may God bless
0 votes Thank Flag Link Thu Nov 3, 2011
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