tenents not moving after 60 day notice

[Mike Lukity]

I purchased a 2 unit rental property I planed on moving in on one side and renting out the other. Upon purchase both sides are rented out. I gave one side their 60 day notice to vacate.   I'm now one week away from that day and they have not found another place to go.  I need to move in there cause I have to be out of my current place.  What do I do to get them out.  Also my mortgage requires me to claim it as my residence within 60 days of closing.  

[Joel Owens]

Were they on a month to month lease or do they have a valid lease agreement for a year with 6,8 months left etc.??

You need to check the landlord tenant laws of your state. In most states you have to honor the rental agreement in place unless it was for the sellers relatives at a really reduced rate which happens in foreclosure etc. usually.

So if they are paying the rent on time and have not violated the lease then you have to honor that lease agreement in place until the primary term ends and it goes month to month.

At this point unless they are violating another provision in the lease you can evict on you are stuck.

If they had 6,8 months left  etc. on the lease then what should have happened is to have the seller do a negotiated BUYOUT of the tenant rights of the lease. So for 5,000, 6,000 or whatever the tenant signed an agreement breaking their lease for this consideration and they would have to be moved out and the place clean in broom swept condition before closing. When offering an amount you calculate their moving costs, first and last months rent, security deposit where they will move too, and consideration for their trouble and time.

Now that you have closed you have created a pickle for yourself if they weren't month to month. If this tenant won't move what about the other side?? Are they month to month now and primary lease term has ended?? Are they violating any part of the lease where you can evict?? Can they be bought out to leave early??

The mortgage clause just document steps you are doing to get the tenant out so you can claim residency. You can only do everything in your power and the law and nothing more. Do not try a self-help eviction as that can get you in hot water.

No legal advice.