Is there anyway to legally negotiate a lease without having to take someone through court. I want to do owner occupied, but I already have an accepted offer.

The seller is doing a 1031 exchange if that gives me any leverage at all.

Huh? What are you trying to do? 

One normally (99.999% of the time) does NOT negotiate a lease in court. 

Are all units rented? and you want one? 

@Conan Fox a little more backstory would be helpful.  Who's lease are you trying to negotiate? Where did you get the idea of going to court for a lease?  And if you have a signed contract as a buyer, the seller doing a 1031 doesn't give you leverage.