Existing Tennants Lease Transfer with New Ownership

[Jeffrey McKee]

Hey everyone.  I recently purchased a duplex in Sherman Tx.  I inherited tenants on one of the sides.  

First question.  Does the existing lease transfer with new ownership?  I have a copy of the current lease, but am trying to get tenant to sign a new lease with all same rates, but my information.

Second question.  

The current lease states one tenant and one occupant.  There is a separate section for occupants.  How is the occupant held liable if at all for rent? I know that if there are multiple tenant's  then they are jointly and severely responsible.  On the new lease i am thinking i should add the occupant as a tenant.  

Thanks!

[Sarnen Steinbarth]

Yes, absent some rare provision in the original lease, the lease should transfer to you as the new purchaser.  The prior owner is likely obligated to inform the tenant of the transfer, which I assume they have done.

Did you get a signed estoppel from the tenant as part of the purchase process?  This would help to clarify many potential issue.

Regarding occupant / tenant - I'd look at the terms of the agreement or contact a local attorney for review and opinion.

Please note I am not an attorney, nor is this legal advice.