File for Eviction to make sure your tenant leaves at the end of the lease...

[Kelly N.]

So I haven't been at this long, but this is a new one to me.  We are purchasing a duplex, target close date is July 29 and both leases are up July 31.  The current owner signed a new lease with one tenant starting August 1, but the tenant will be switching to the larger apartment.  The landlord has filed for eviction on the other tenant, here is his reasoning:

"The reason that I served the notice of eviction is to make sure that the Tenants in the first floor apartment are out by the 1st of August or soon after. My idea is to file the complain with the court for a ruling and then wait until the it's the right timing to contact the Sheriff to process the eviction. The tenants are aware of what I doing and they are cooperating with me in this process. They understand that I must have them vacate around August 1st....They have applied for an apartment and I have signed as a reference. I'm not sure how the process is going right now."

He has promised the tenant that will be moving downstairs new carpet and paint.

I am not too concerned at this point, but also plan to close after all this shakes out.

Is this some new strategy to avoid holdovers?  What odd practices have you seen other landlords using?  

[Richard C.]

Your seller is actually planning on actually getting a judgment of eviction?  Against people who have done nothing wrong?

1.  On what grounds?  Does he think the magistrate won't ask?

2.  An actual judgment shows up on peoples' credit reports, whether or not the sheriff has been called in to execute.

Reprehensible conduct.  I would walk from the deal before I had anything to do with it.  What a dirt-bag.

What Michelle suggests is perfectly fine, and in fact is commonplace.  What your guy is talking about is outrageous.  Hopefully the magistrate catches him and holds him in contempt, with a nice fine associated.