Duplex tenants - Can you kick one out to live in when buying?

[Paul Weller]

If I were to buy a duplex and wanted to live in one of the units, can I kick out one of the tenants so I can move in?  Do you have to go through a formal eviction?  Or do you inherit the leases and have to honor them? 

[Stuart Birdsong]

Paul,

     As far as I know, Leases run with the property. In addition you don't have any grounds for eviction, and therefore can't legally evict them. One thought might be ask agent or owner if their lease has a notice to terminate ( 30,60 or 90 day). You could make an offer contingent on seller providing notice to terminate to tenant((I wouldn't endorse doing this though), or you could offer to buyout the tenant and just eat the initial loss upfront. The latter is, oftentimes, the path of least resistance in relation to having a tenant leave early. It is also probably the more ethical approach. These are just a few thoughts I had. Cheers!

Stuart