How to structure an offer for vacant tenant possession

[Isaiah Prince]

Hi Everyone,

I'm planning to make an offer on a duplex listed around $455K here in Raleigh. I'm planning to live in one unit and rent out the other, so owner-occupancy is a must for my FHA loan.

One side is vacant — the only wrinkle is that the tenant on the other side has a lease that runs until July 2026 (about 8 months out). My goal is to have vacant possession at closing or as soon as reasonably possible after, without putting pressure on the tenant or making the seller’s life difficult.

For those who’ve been in similar situations, what’s the best way to structure this in the offer so it’s fair for everyone (seller, tenant, and myself)?

Should I:
• Ask for the seller to provide notice to the tenant right after due diligence ends?
• Request delayed possession until lease-end and possibly negotiate a rent credit or reduced purchase price to offset holding costs?
• Include a vacant possession clause contingent upon lease termination before closing?

Any examples of how you worded this in your own offers or leases would really help. My goal is to keep this deal smooth and respectful but still align with FHA owner-occupancy rules.

From what I’ve learned on the BP podcasts, inheriting tenants can sometimes be more trouble than it’s worth because they’re used to the previous owner’s way of doing things. I want to make this transition as smooth as possible and avoid stepping in as the “bad guy” trying to change rules or expectations.

What’s the best way to structure my offer so I can get vacant possession without causing stress for the tenant or the seller?

Appreciate any insight you all can share