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Updated about 7 years ago on . Most recent reply
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Do existing leases transfer with my new property?
I'm currently under contract to purchase my first rental property (4 plex) with a FHA loan. Obviously this means I will be needing to reside in the building. My concern is whether or not I have the ability to "help" a tenant find a new home once I take ownership to allow me to fulfill my loan requirements of a using it as a personal residence. I've found a lot out there that states all leases need to be honored when the property transfers hand unless there is a clause in the contract stating otherwise. Listed here is the wording of the tenants current leases:
23. LEASE IS SUBJECT TO MORTGAGE: the home building may be mortgaged or may be subject to a contract or deed. RESIDENT agrees that the rights of the holder of any present or future mortgage or contract for deed are superior to any RESIDENT'S rights. For example, if a mortgage on the home is foreclosed, the person who forecloses on the home may, at their option, terminate the RESIDENT'S lease.
Does this cover even if the property is sold and changes hands?
Looking for any kind of guidance here so any insight is helpful!