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Updated over 7 years ago on . Most recent reply

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Deanna McCormick
  • Minneapolis, MN
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Lease termination notice who should give at time of sale/Seller??

Deanna McCormick
  • Minneapolis, MN
Posted

At the time of signing purchase agreement should the seller agree to give notice to vacate to his current month to month tenants,, or should it be the buyers responsibility once they take over the property.

I would like some advice,, I see it as if the seller gives notice and buyer takes over property prior to tenant vacating date their would be issues if tenant does not comply and move.. who would then file eviction action.

It's just the closing is close to the 1st of the month and and new owner might miss the proper notice period if delayed. It's not like this hadn't been discussed with the buyer, they now have decided they want the current tenants to vacate. 

What would you do ??.. I feel like if for some reason the deal fell thru I'd be out all of the tenants and have to start over.  Other buildings I've sold new buyer had always wanted full as long as tenants were on month to month, they assumed leases and all was smooth. 

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Kim Meredith Hampton
  • Real Estate Broker
  • St Petersburg
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Kim Meredith Hampton
  • Real Estate Broker
  • St Petersburg
Replied

@Deanna McCormick Thats a hard one..... I guess it would depend on how strong is the buyer, and does the property have under market tenants, or possible need of rehab to get a better quality tenant and higher rent?

In a perfect world, the buyer would need to assume the vacating, and/or eviction so the seller doesn't get caught up in the mix. That creates a real mess with attorneys and evicting. 

I think in the end, I would let the buyer assume the responsibility and let them go MTM, then they can give their thirty day notice at the end of July

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