eviction while under contract

[Johnny Tsu]

I'm about to close on a 3-family house in Queens New York on April 5 this Thursday. We have done a final walk thru yesterday at the house and seller told me that the 2nd floor tenant will be evicted and seller has a court order saying that the tenant must be leaving the house on 4/5/2018. We asked seller what if the tenant does not leave on that day, and sell agent said according to the contract we are not asking seller to have the property vacant so its not their problem after closing. and they insist the tenant will leave on 4/5/2018 which doesn't mean anything to us. Now I'm planing on the worst case scenario if the tenant won't leave on 4/5/2018 after closing, what should I do next? Also, since the seller has the court order, would I be able to continue the eviction case? should I ask seller to give me a copy of the court order at the closing and what's my next step? 

Thank you all for help!!

[Anthony Hurlburt]

I would delay closing until the tenant has officially left. If they don't leave you will have to start the eviction process over from scratch as the previous proceedings with the previous owner would be null and void.