HELP Vacating a Tenant Going Sour Quick

[John Nisewonger]

So my wife and I bought an auction property and finally closed on it Oct 21. The property came with some tenants that we need to vacate.  We will be moving in to the property since it was bought as a first time homebuyer incentive through my wife (her name is the only name on the house). And it states we must occupy property within so many days.

I served a 30 day vacate notice since they were month to month.  I actually gave them until Nov 30 since I am a nice guy and also told them I didn't want any rent money.  They wanted 60-90 days.  I wanted to do a walk through to make sure it was safe and to avoid being sued over something stupid.  They have refused twice now.  We bought the house inside unseen (scary huh? but it was a steal and we lucked out since I did get some pictures from the appraisal but not many) .  I want pictures and an inspection because I feel that they are going to trash the place when they leave.

I ordered a home inspection for this Thursday and will deliver a 24 hr notice wed.  I spoke to the local sherrif dept and they said they can meet me there but stated they cannot force them to let me in. 

What do I do if they refuse again?  I have a key, I am giving proper notice, the old lease states owner can come in with a notice.  Can I just go inside?

[Matt Motil]

If the old lease allows the transfer of the lease upon the sale of the property, then you are covered by the lease. If the old lease doesn't transfer upon sale of the property, then you technically don't have a lease. 

Assuming the lease is good, then you give them proper notice and they can't stop you from coming in. Good on you to have the sheriff there with you, just in case, but you have followed the terms of the lease. 

You might also consider having your wife contact the lender and let them know the tenants you inherited with the purchase are being difficult and you're attempting to occupy the property but it isn't going as smoothly as you'd hoped. Just to be proactive.