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Message
kicking out tenants after buying a house
Posted on 8/30/14 at 2:39 pm
Posted on 8/30/14 at 2:39 pm
Does one have to honor a lease of tenants if a house is sold? For example, lets say I buy a double and want to kick out one of the tenants. Do I have to honor their lease (which is with the previous owners, not me), or can I simply give them 30 days and call it a day?
4
Posted on 8/30/14 at 3:08 pm to The Hamburglar
I'm a conservative and all, but would you really just boot them like that?
Posted on 8/30/14 at 3:21 pm to AndyJ
yes. It's happened to me before, and I'll be sure to give them ample time.
Posted on 8/30/14 at 4:18 pm to The Hamburglar
If they recorded the lease
Posted on 8/30/14 at 4:23 pm to Mr.Perfect
Mr. Perfect,
That is my understanding as well, the I must honor the lease if the tenants recorded it, but I just was looking for some good old fashioned TD confirmation. I may give them 60 days, but otherwise, do you believe there is anything else I need to look out for?
That is my understanding as well, the I must honor the lease if the tenants recorded it, but I just was looking for some good old fashioned TD confirmation. I may give them 60 days, but otherwise, do you believe there is anything else I need to look out for?
Posted on 8/30/14 at 6:29 pm to The Hamburglar
What do you mean by recorded the lease? I thought if you went to evict them all they would have to do is show the lease?
Posted on 8/30/14 at 6:49 pm to secondandshort
quote:
What do you mean by recorded the lease? I thought if you went to evict them all they would have to do is show the lease?
I'm not a lawyer, but I think that if it is not recorded, it doesn't transfer to the new owner.
Posted on 8/31/14 at 9:55 am to tom
I know it is just hearsay, but a title attorney told me last week that it has to be recorded.
Posted on 8/31/14 at 10:05 am to secondandshort
Recorded with clerk of court
Posted on 8/31/14 at 10:15 am to The Hamburglar
If you want in the house, give them time, offer to hire movers, return deposit. All that probably comes out of your pocket though.
Posted on 8/31/14 at 11:02 am to eng08
quote:
If you want in the house, give them time, offer to hire movers, return deposit. All that probably comes out of your pocket though.
He doesn't have a deposit to return. It the tenants did pay a deposit it would be in the hands of the previous owner, not the OP.
That is the whole issue here. The lease is between the tenant and the old owner, not the new owner (the OP).
As others have said, unless the lease is recorded, it doesn't mean anything once the property ownership changes hands.
Posted on 8/31/14 at 11:53 am to MikeBRLA
I understand that, that's why I said pay them to leave. That's all assuming it's recorded.
Posted on 8/31/14 at 11:54 am to eng08
Very good chance it's not recoded
Posted on 8/31/14 at 4:19 pm to yellowfin
I just had this happen to me. House was sold while we still had 3 months remaining on the lease and buyer wanted us out. In our case, we didn't deal with the buyer at all. Our landlord (the seller) refunded our security deposit and pet deposit in full, paid us a month's rent, reimbursed us our moving costs, and gave us 30 days notice.
There was a clause in our lease that if we recorded it, our lease would be terminated.
As long as you are reasonable with the tenants, they will probably understand.
quote:
Very good chance it's not recoded
There was a clause in our lease that if we recorded it, our lease would be terminated.
As long as you are reasonable with the tenants, they will probably understand.
Posted on 9/1/14 at 8:26 pm to The Hamburglar
Don't know about LA but in NC the signed lease overrides the sale.
Posted on 9/2/14 at 10:12 am to Ringeaux
Haven't looked at this issue in years, but 15 (or so) years ago, the lease had to be filed before the closing date of the sale to bind the new owner, i.e., the new owner had to have notice that the property was encumbered by a lease. If the lease was recorded before the closing, the new owner was bound to the lease. Also, on closing, the old owner was required to transfer any security deposits to the new owner at closing.
This post was edited on 9/2/14 at 5:17 pm
Posted on 9/2/14 at 11:09 am to The Hamburglar
quote:
Does one have to honor a lease of tenants if a house is sold?
In Louisiana, the lease is between the landlord and the tenant (there is an exception to this - see below).
a) The new owner has no lease with the tenant. However, the new owner still must follow the law when evicting the tenant.
b) The old owner has violated their lease with the tenant, unless the lease speficially provides otherwise - HOWEVER - it is rare or almost non-existent for a tenant to sue and recover for this.
EXCEPTION
If the lease is filed with conveyances, the lease agreement is now tied to the land - its basically an encumberance. The new owner must abide by its terms - and if the old owner fails to notify the new owner, it will come up in a title search anyway.
ALMOST NO TENANTS FILE IN CONVEYANCES, so the exception hardly ever applies. I do know a guy who lived on my old block near campus who apparently soured an entire real estate deal - he say "for sale" signs go up for nearly every house on the block, and then promptly filed his lease with conveyances, which still had 10 months on it. The signs came down, the houses are still there.
Posted on 9/2/14 at 11:10 am to AndyJ
quote:
I'm a conservative and all, but would you really just boot them like that?
The new owner has no contract with the tenants. There is an eviction process that must be followed, but outside of that you have no obligations to them (unless exception above)
Posted on 9/2/14 at 11:12 am to MikeBRLA
quote:
He doesn't have a deposit to return
We had a tenant in place when we bought, and the old owners gave us the deposit when we bought the place.
Though I guess that was at the descretion of the owner, sine the lease was not recorded - and we had indicated interest in keeping the tenant (until we discovered the owner lied to us about how much rent they were collecting.)
Posted on 9/3/14 at 9:09 am to SpidermanTUba
If the lease is recorded in the mortgage office, it bears against the property and the buyer must honor it. If the buyer had done a title search before he bought the property, which he should always do, he would have known this.
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