Buying property with non paying tenants.

[Daniel M.]

Hello everyone, 

I'm buying a property that has tenants in it. It's hard to say whether they are still living there. There is no electric in the house but one of the tenants claims he comes back at night because he can't stand the heat during the day. 

how should I approach the situation? I don't want to close on a house with tenants. Can I evict them while I have the property under contract? What is the best way to handle the situation? I'm in Texas. 

[Chris Seveney]

@Daniel Moctezuma

The current owner would need to file for eviction. I strongly recommend not closing ona. Property with tenants that need to be evicted unless you discount the sale price significantly to have to deal with it.

[Daniel M.]

Can I file for eviction on behalf the owner ? 

[Dwayne Poster]

Quote from @Daniel M.:

Can I file for eviction on behalf the owner ? 

 If they give you legal authority, but that legal action will get in the way.   Contract it vacant, leaving enough time as required by law for the seller to evict. Any actions required then fall upon them.

[James Hamling]

@Daniel M. I strongly suggest making the PA contingent on seller filling and completing eviction of tenant, using wording that property is to be conveyed at time of closing free of any occupants be them on or off lease. 

Can offer to pay for process if need be but trying to do it after the fact could get problematic if persons claim seller made agreements with them that they argue now bound you to. 

[Eliott Elias]

You can't evict them until you own the property. Eviction isn't scary, what's scary is if they don't have a lease in place. Make sure they are on a lease and hire a good eviction attorney, I can refer mine to you.