What is the best method...

Question

Hello,

We just purchased a house at a free and clear sale a month ago and got our deed today.  There are tenants still living in the property.

Is it better to simply evict them and start over or should we post notice that we will be needing them to sign a lease?

Do we now own all of the appliances in the property should they choose to move?

This is our first time purchasing an occupied home and aren’t quite sure where to go from here.

Thanks!

Chris K. · Answer

@Shannon McKenzie

Did you buy this at a "judicial" tax sale? If so, you may need to bring an ejectment action instead of an eviction action. Unfortunately, it's more expensive and time-consuming.

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

Josh Caldwell · Answer

The first question that I have is who are the tenants?  Are they the tenants of the former owner, or are they the former owners?  The second question is how likely are they to pay?  If they are the former owners and they didn't pay the bank, they aren't likely to pay me.  If they are former tenants, then I want their credit scores and proof of previous payment or they are going to be leaving.

Jenny Bayless · Answer

@Shannon McKenzie

Is there a valid lease in place?  If so, you will need to honor the terms of the existing lease.

If there is not a valid lease in place, and they are there month to month, you can simply provide them with a notice of non-renewal (make sure to follow the proper length of lead time required by your state).  Or you can have them sign one of your own leases if you'd like to keep them as tenants.

Regarding the appliances, usually there is a bill of sale included that would list out which appliances the previous owner had, and were transferred as part of the sale.  The next place to look would be the lease.  If nothing is stated in either of those, you might not have much proof that they are yours if the tenants walk off with them.

Hope this helps!

Jenny

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