Closing today - non-paying tenant still in place.

[Steve W.]

Hi Everyone,

I am closing on a property in Virginia today with a tenant that hasn't paid rent in 4 months.  I knew in advance that I was buying this with a problem tenant and I am getting a credit at closing (my location is still very competitive and it is the only way I could win the offer).  

The previous owner sent me a signed agreement with the tenant to void the lease and forgive the debt if the tenant moves out by the end of October.  The tenant and previous landlord signed the agreement. The tenant hasn't responded to any of my messages or emails.  I'm hoping they move out at the end of the month, but I think there is a good possibility that they will not.  

1) Should/can I start an eviction process now? 

2) Since the tenant signed an agreement that voided the contract, is there an easier way to get them out since essentially the contract is void at the end of the month?  

3) I'm assuming the agreement they signed with the previous owner is automatically transferred to me and will hold up in court.  Is this correct?

Thanks for any help or guidance!

[Jeff Copeland]

These are all questions for an eviction attorney in your state. 

Collect all of the relevant documents (the original lease, any notices given to the tenant, and the lease termination agreement), and schedule a consultation now, and determine the best course of action so you are ready to pull the trigger on November 1st.