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Updated over 4 years ago,

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Jamie Outis
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Inheriting Tenant(s) in a Foreclosed Duplex

Jamie Outis
Posted

I am planning on buying a multi-family, moving into one of the units and renting out the other(s). I'm looking for a new place to live myself anyway and this will be my first property to dip my toe in the real estate investing realm.

One property I'm looking at is a foreclosure. I was surprised to learn that apparently renters can still occupy it even though it is foreclosed.

According to my realtor, one tenant is month-to-month, and the other is in a long term lease. Not sure on the details yet. Any advice on how to get copies of the leases? Do I have to close first? Still unsure if the bank can provide them or who would exactly since it's a foreclosure.

Since it will be a traditional mortgage and not one for an investment property, I will have to reside there as part of the mortgage. 

From what I have researched, the long term tenant will have to stay as he's bound by the lease agreement. So I would evict the month to month tenant to move into the unit. I'd like to find out if I have to give them notice/how long of a notice (according to laws of foreclosures). Don't know what the mortgage will look like, if there's a stipulation that I will have to move in within X amount of time. Am I able to legally able collect rent during that time? Also trying to find out how to do evict a tenant without seeming like an *******.

Also want to find out if I'm able to modify the existing rental leases upon purchasing the property. Obviously I will change how they pay and communicate to inform them of how to pay me when I take over as owner. But should/can I have them sign to agree to pay me instead of using the old method of payment? Because worst case scenario what if they pay the old owner of the foreclosed property or try getting out of payment saying they didn't know how or didn't know I'm the new owner or something stupid. Would I have the legal right to evict them, since the original lease didn't have my name as the owner?

I'm in the state of Utah if that helps

Considering consulting with an attorney to be extra sure everything I do is within my legal limits, but I would like to gather as much knowledge and information from those who have experience doing this as well.

Thanks,

Jamie

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