30 day notice given to tenant by sellers. Does this work for us as the buyers?

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We closed on a house that the sellers assured us would have the tenants out of. They said they needed a few extra days and that's turned into weeks. The sellers did say they gave them a notice to quit which is up bu the tenant is not out. Now that they are our tenants, can we use the notice to quit the sellers gave them to proceed with eviction in the court?

5 Attorney Answers

As buyer, you assume, by written assignment or by operation of law, the position of seller, both good and bad, as to the relationship with the tenant. The risk you face is whether seller committed any errors in preparing and serving the notice to quit to tenant. Do you have a copy of the notice, as well as a sworn proof of service? You may need the willing assistance of the seller if the tenant challenges the effect of the notice to quit when you file the evication proceedings.
You should see an attorney immediately. Your Purchase Agreement would provide whether you were to receive possession at closing or agreed to assume the lease. You may have waived the right to possession by agreeing to close knowing the tenant was in possession. If the tenant has a month to month lease, than a 30 day notice would be required. If there is a default in rent, then a 7 day notice for demand for possession is required, but you then need to file a suit for eviction in district court. Hopefully you at least received a credit at closing for the security deposit or some other collateral security for your damages. Again, see an attorney.
You can use the Sellers' Notice if they provide you with a copy of the notice with a an original proof of service showing the date and manner of service of the Notice, if the Notice meets all requirements of the statute and court rules, and if the Seller has not accepted rent for periods after the date that the tenants were required vacate. I urge you to retain counsel to pursue this matter.
By virtue of the purchase, you "step into the shoes" of the sellers relative to the tenants. If it has been more than 30 days, file the eviction papers - list yourselves as Plaintiffs, "successors in interest to (sellers)". That will put the court on notice of the purchase by you. While there may be issues with the Notice to Quit (since you are relying on the sellers to have completed it correctly), I would forge ahead and place the burden on the tenants to recognize and complain about any defects. If the tenants did not pay the July rent (you may need to check with the sellers), you will also want to ask for a money judgment against the tenants, so you can also recover the rent owed plus the costs of the eviction. Collecting it may be a different story (did the sellers hold a security deposit? Do they still hold it or did they transfer it to you?). But if you are persistent, and can gather some basic information about the tenants (social security numbers - can the sellers provide that?), you should be able to eventually collect what is owed. A good real estate/collections attorney may be helpful if you'd rather concentrate on getting settled into the new house instead of playing Perry Mason in court. Good luck!
Oh, I would need to see the sales agreement. What is piquing my interest is that generally, the seller is obliged to deliver to you full possession, not merely legal possession of the premises. Generally if you were to "inherit a lawsuit" either from a current occupant or possible owner, the seller is obliged to cure the issue. If you have not already done so, notify the seller as they are likely obligated to pay the costs of an eviction. If the sellers are not helpful, you will want to consult with an attorney who can proceed with evicting the occupants, and then pursuing the sellers for the costs. Make sure you bring with you all of the sales agreements and closing documents.

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