Question about buying a multi-fam in New Jersey...

[Denise Curtis]

I'm putting in an offer on a 2-fam in NJ - the unit I want to live in is occupied. Can I have the seller deliver the property vacant? 

Any knowledge on this would be greatly appreciated. Thanks!

[Tim Booz]

Having the seller deliver it vacant is going to be tough. If the tenants have a lease, they would have to leave voluntarily. If they are month to month the current owner could give them 60days notice to vacate, but their agent will probably discourage that. (What if closing gets delayed/doesn't happen? - lost rent, new tenant acquisition costs, etc.)

You do have two options. The first would be to compensate the tenants to leave. You'd have to arrange that w sellers, and make sure it's structured carefully. (Use an attorney.)

The other is to give them notice that you'll be personally occupying the unit. A month to month lease gets you in there after 60 days. If they have a full term lease, you can give them notice 60days (or more) prior to the end date, and move in the day after their lease is up. 

Also, make sure the security deposit is accounted for properly at closing, they have a habit of occasionally disappearing in NJ, in these situations.