Tenant being evicted during sale of property

7 Replies

I'm lookout into buying a property, duplex in a c area. one long term tenant, but the other is being evicted. would you still continue with the deal or tell them the tenant needs to be out before closing? also the realtor didn't know how far along in the process the seller was in the eviction. @Peter MacKercher how long might it take to complete an eviction in St. Louis city? I'm getting a great price, but don't know if I should stipulate that the eviction needs to be complete. also any others questions I need to think about regarding the situation?

I would suggest you wait until the eviction is complete and the unit is cleaned out to your satisfaction. What motivation will they have to finish the process it they no longer have an interest in the property. You are not going to lose the deal while the seller is in this situation. If anything you now have even more leverage. 

@Donald S. you could give the seller both options.  If you have to handle the eviction yourself, offer the seller a lower price to account for any delays or damage that you may encounter.  Make the price low enough to where you would want to handle the eviction because of the great deal you would be getting.  I believe @Peter MacKercher has an eviction attorney he can refer you to. 

The eviction will be dismissed and you will have to start the eviction over if you close on the property.  An eviction reads:

Current Owner vs Tenant with the current owner seeking possession of the property.  The Current owner could no longer pursue possession of a property they no longer own nor can you replace them as the Plaintiff

@Donald S. If the deal is great enough to accept with a bad tenant, then close on it and immediately start the eviction process. Make sure the seller doesn't forget to give you copies of the leases of the units and security deposits. Otherwise, yes, have him evict and delay closing until it is complete. Work something out with the seller and make it happen.

thank you @David Ounanian @Greg H. @Nicole A. for the answers. Greg I didn't know the process would restart so that's good info. David I think I'm getting a pretty good deal, but would rather keep the current price than deal w an eviction on my 1st property. Nicole, I won't let an eviction stop me, this deal is happening unless the inspector finds something that I can't deal with, which is doubtful the place seems in good condition. I don't know what the unit that the eviction tenant lives in looks like, but that's a risk I have to take until we can get in there. the owner and PM says they can't reach that tenant at all.

I had a similar situation a couple years back with a duplex in TX.

We agreed in the contract that the tenant had to be out before closing, with no damage. I’m very glad I did that - the tenant was horrible to deal with so I heard.

Anyway, It took a little longer than expected, we had to delay closing for about 2 weeks. It all worked out fine.

From what I understand, Texas laws favor the landlords and the eviction process is fairly swift compared to other states.

@Donald S. In STL Evictions can take up to 2-4 months. I would wait until they're out of the unit to close, otherwise you'd taking on the responsibility for finishing that process, which can be a pain. 

Also, I would want to access and assess the unit after they leave to make sure it is in the same shape as when you put in the offer. If not adjust the price accordingly to return it to the condition it was in during your inspection.

Free eBook from BiggerPockets!

Ultimate Beginner's Guide Book Cover

Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!

  • Actionable advice for getting started,
  • Discover the 10 Most Lucrative Real Estate Niches,
  • Learn how to get started with or without money,
  • Explore Real-Life Strategies for Building Wealth,
  • And a LOT more.

Lock We hate spam just as much as you

Join the Largest Real Estate Investing Community

Basic membership is free, forever.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.