Can a new landlord inherit a pending eviction process?

[Ayo A.]

We are closing on a property next week. Seller called he wants to evict a tenant for non-payment. Should we let him go ahead with giving the notice and proceed with the eviction (and then inherit the eviction), or should we wait until we close and file a fresh eviction?

[Thomas S.]

You need to study your state landlord tenant regulations to find the answer. Leases generally go with the tenant but if they owe rent to the previous landlord he will have to take them to court to collect. 

You can not evict until the tenant owes you money personally. You can not terminate a lease without legal justification. You do not have grounds to evict a tenant because they owe someone else money. If the lease is M2M or terminating you may give notice to non renew. If they refuse to leave upon notice of non renewal or they do not pay you rent when it is due you may then begin the process to evict.

First thing you need to do is find out if the language in your state landlord regulations allows a eviction application in progress to passes to a new owner. You will likely need to speak to a lawyer or a experienced landlord in your stste.