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Updated over 6 years ago on . Most recent reply

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Dima Novikov
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Super long fixed term tenant eviction after foreclosure in GA

Dima Novikov
Posted

Hi all,

Long time lurker first time poster.

I am looking to get a foreclosure property (courthouse steps). One question that I can't seem to find an answer to is: What happens to a super long fixed-term tenant post foreclosure if a new owner wants them out (legally of course)?

Let's look at worst possible case.

I purchase a foreclosure, knock on the door. Occupied tenant opens the door, tells me that he/she has a fixed-term lease agreement that will end in 15 years, which was signed by a previous landlord (who is now foreclosed).

My goal is for the tenant to move out asap, so I can reno the property and sell.

Month to month term is pretty easy, you give the tenant legal notice by the book. However with fixed term tenants I have to wait for the lease term to end before I can have a vacant property, in my example it's 15 years (woah!!) Tenant never missed a payment, property not damaged etc.. in other words, no legal grounds to file for eviction and can't do "Notice for Termination With Cause".

Did I just purchased myself a 15 year headache and SOOL? 

I am basing my understanding on federal law that does not remove current lease terms after foreclosure, in order to protect the tenant. 

PS: I understand that I can still collect rent from the tenant, but my goal is to flip not rent.   

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