Evicting tenants in an auction bought property

[John Nisewonger]

So I am buying this property through an auction.  I have not closed on the property yet.  The property that I am purchasing has a month to month tenant in it that I plan on evicting as I will be living in this property.

As soon as I get final word that the deal is good to go I plan on going to the tenant and introducing myself and giving them a cash for keys deal.  (I will give you so much money if you can be out of the house by the time I close).

The tricky part is they legally here in Virginia have 30 days for me to evict them and their rent is $925 per month from the previous owner (who went bankrupt hence why its an auction). The other tricky part is that my wife is buying this property as a first time home buyer incentive and we aren't supposed to be renting it out.

If they turn down my cash for keys deal can I legally, after I close, charge them for that month rent that they will be staying on the property. I am worried they wont take the cash for keys deal and instead squat on the property rent free for a month (I was hoping they would leave for $500-600).

Any other options or ideas to get these people out would be helpful. 

[Account Closed]

Originally posted by @John Nisewonger:

I thought to get someone out you would have to evict.  What type of notice would I need to supply them with?  I have to be in that house within 60 days of closing with proof per my lender.  If they do not comply with my "get out" notice I would have to evict and that would take 30-45 days.  Thanks for the reply btw

Eviction is a legal proceeding.  You file for eviction AFTER you give proper notice that you are terminating tenancy (30 or 60 days or whatever your state law says) AND only if they don't leave by the specified date.  The tenants owe rent regardless of the notice to terminate.  If they don't pay, you file for eviction asap.  But don't skip the notice to terminate.

State law varies for noticing the tenant of change of ownership and termination of tenancy. I suggest that you do not approach your tenants with cash for keys until they are properly noticed of the change ownership and termination.  Approaching sitting tenants and trying to make deals can have unintended consequences.  Ask me how I know.  Get your paperwork done legally and properly.  Then talk to the tenants.