All Forum Posts by: Account Closed

@Brian Adzadi I am not denying that I am probably at fault. This was my very rodeo, so it is a lesson learned.

Whether the burden is legally on the seller to disclose such information was my main curiosity, but based the information I've gathered, it looks like the seller is not responsible for that. That's what I wanted to know.

@Nathan G. That is very helpful! I will certainly take note of that, thank you.

Mason DeJarnett I did obtain a copy of the lease from my realtor shortly after we found out the lease was current. I don't believe there was any such clause.

Allow me to clarify: I was aware of a tenant living there while I was under contract, but it was my understanding that the tenant was to be out by December 20th (I closed on December 29th). 

I was going through a real estate agent who I did rely on to confirm that this was the case. Perhaps my mistake was not asking to see the lease to confirm myself when the lease was to end? Should I always ask to see the lease of a current tenant while I am under contract to confirm the lease terms?

I just closed on a two family property and discovered the night after closing that there was a current lease in place. I found this out after entering the tenant’s apartment (which I thought was unoccupied) and activating her security system alarm. I have now unknowingly inherited a lease and a tenant about which I was not given the opportunity to educate myself. I also unknowingly entered my tenant's apartment without giving her any notice or obtaining her consent. 

The tenant was also completely unaware that the property was exchanging ownership.

Has anyone else had this problem? After doing some research, it doesn’t appear that current tenant leases are on the list of things legally required to be disclosed in a seller’s disclosure document. Are current leases legally required to be disclosed to the seller while under contract? How can I avoid such issues going forward?