Offer Contingencies regarding tenants and utilities

[Randall Wolff]

I found a property that I feel would be good for a BRRRR property. However, the tenants in the lower unit make white trash look good, and the upper unit is behind on rent, and has the power turned off. I asked my realtor to put into the offer that the tenants would need to be out before the closing date, and he is uncomfortable with that contingency. He says it's potentially illegal. To me, I should be able to put almost anything in as a contingency, then it is up to the seller to decide if they want the hassle of complying with that contingency, and dealing with what needs to happen.

My fear is that with the power off, my inspector may miss something, and if I have to get rid of tenants, they may cause further damage before they leave. 

So am I able to put this in the offer, and what are your thoughts on this?