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Updated over 1 year ago, 06/19/2023

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71
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6
Votes

Possible to close on a property with active eviction?

Matthew Lindsey
Posted

Hi,

I know this is not ideal at all but if the sellers of a property with a tenant in place has filed an eviction on the tenant within a couple days of closing on a property does the eviction stay in place, or is it null and void once the closing takes place? Eviction for non payment of rent.

I’m supposed to close on a property this week and the sellers just decided to file an eviction on the tenant. The tenant had already been given the 60 day notice to vacate then the sellers just decided to file the eviction on Friday. I know the ideal thing is to acquire the property vacant but that wasn’t an option here if I wanted to buy the property. I’m just trying to see if eviction stays in place and is still legal after closing if I amended the contract to state the sellers must follow through with it. Also I haven’t had to evict anyone yet but do the owners have the option to not accept rent payment from the tenant since they are late in order to have them removed, or do they have to accept rent and keep tenant in for 60 days?

Thanks,

Matt


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