Liability question for taking over a property

[Noelle Eads]

Hi! We are in the process of buying a flip house that has a tenant. Unfortunately the house is in terrible shape and will be a complete gut job so we don’t feel comfortable letting the tenant stay due to liability issues; however in our state (TN) I believe we have to give him 60 days notice to vacate. I want him to have time to find a new place to live, but we will close on the property before the 60 days and I am nervous to be responsible for any safety issues for him (and there are several). Does anyone have a suggestion for us drafting some kind of agreement to let him stay for the 60 days to give him adequate time to find a new home, but for us to not be liable for pre-existing conditions once we take ownership of the property? Didn’t know if we could draft this in a lease (he currently has no lease and pays month to month) or if would need to go through a lawyer for this, and if so what kind. Thanks! 

[Nathan Gesner]

If you are going to ask for a release, I definitely recommend you have an attorney draft it.

the law requires you to give 60 days, but the tenant could always willingly leave earlier than that. I would write them a notice explaining the dangers of living in the property in its current condition and recommend they move out so you can make the necessary repairs. If they choose to stay, it is at their own risk, they release you from any liability, and they acknowledge that they cannot stay longer than 60 days.