No lease provided after closing

2 Replies

A co-worker just asked for help regarding the fact that he never received a lease for either units of his duplex after closing. Aside from the fact that his lawyer or RE agent should have been on top of that, is there any advice to the new owner to get his hands on a lease? Can he start the eviction process or create a new lease for the existing tenants if they do not have anything currently in writing?

I would have their agent ask the seller/seller's agent for the leases- these should have been provided well before closing. If they fail to provide the leases, ask the tenants if they have copies. If they have paper copies, offer them $5 (or whatever seems appropriate) to copy the lease for you, or ask if they can e mail it if they have it electronically.

I suspect there are no leases.  In that case, he will have to check the state and local laws about how to handle a verbal lease, but likely will have to accept it for what it is and draft a new lease in writing for them to sign.