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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?
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 4:18 pm to The Hamburglar
If they recorded the lease
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 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.
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