First Property, Evicting a tenant

[Andrew Ryan]

Hi everyone!

Just purchased my first investment property. It's through an FHA loan so I will be living there for a year. The home is fully rented and in the sales agreement it stated that the past owners had to give notice to the tenant to have him moved out. They gave him notice on Nov. 28th and closing just happened on 12/29.

The tenant is now stating that I can't force him out until the lease agreement is up. He acknowledges that the prior owner gave him an eviction letter explaining that it was his 60 day notice on 11/28, but is saying it's illegal. The lease states "The Landlord must provide the Tenant 60 days written notice of any changes to the lease".

Is the tenant right in this scenario? Or does the 60 day notice serve as a written notice of a change to the lease?

The property is in Pennsylvania.

-Andrew Ryan

[Nicole A.]

Do you have a copy of his lease? What date does it end? It is typically true that you can't ask a tenant to vacate before their lease is up. And to clarify, the previous owner did not send an "eviction" letter. He simply gave them notice to vacate. Eviction is for things like nonpayment of rent or breach of lease...a legal process. Asking someone to vacate is simply that....a notice to vacate.

The key here is you need to know what his lease says. You mentioned he's been there 6 months...so likely his lease is 12 months. You are kinda stuck... you can offer him money to move out by a certain date. Put it all in writing with you both signing it and make sure it states that keys must be returned and unit entirely empty to receive the payment.

Otherwise, you may need to talk to a local attorney to see your options.