Weehawken non owner occupied two unit with tenant

[Jimmy Hanson]

Hi I’m purchasing a home in weehawken that currently has a tenant in smaller upstairs unit not renovated. First floor is renovated and vacant. I requested to have property vacant upon closing however the sellers tenant is refusing to leave because he lives in a non owner occupied unit. Is it possible to evict him before closing? I don’t want to lose my mort rate. Can they even be evicted if in rent controlled apartment in non owner occupied? Wondering if I should walk because this seems like it will take forever.

[Zaina Jouejati]

Hi @Jimmy Hanson Weehawken has specific laws regarding rent control and tenant eviction. If the tenant lives in a rent-controlled apartment, they generally have more protections. Evicting a tenant from a rent-controlled unit typically requires a valid legal reason, such as non-payment of rent, violation of lease terms, or the property owner wanting to occupy the unit themselves (owner-occupancy). The process can be lengthy and complex. Also I would check their lease because since the unit is currently non-owner occupied, it might be more challenging to evict the tenant unless there's a specific clause in their lease that allows for eviction under these circumstances. You can also try negotiating with the seller to handle the eviction process before the closing-- this will delay the closing but you can try to get them out and keep your mortgage rate! Hope I helped!