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Residential Property Management/buying a duplex, tenants won't leave

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Question
I am in the process of buying a duplex in Ohio so that my elderly mother will have a much safer, more navigable home, and I will be next door to help her out. Time is truly of the essence. The seller was to give the current month-to-month tenants a 30 day notice on July 25th. He gave them the notice verbally since he considered them friends. But now they are refusing to leave, and said that, as per their attorney, they will have 30 days to leave after closing. They have not paid rent this month.  We are scheduled to close this week end. I don't want to close and have this become our legal issue. We are meeting with the seller and his attorney this week to discuss our options. They seem to think that one option is to close, give them a 3 day notice, and then have them removed. Does this seem possible? Any advice would be very much appreciated. I must get this home for my mother as soon as possible. Thank you so much for your time.

Answer
The tenant will need to be evicted, and that should be memorialized as part of the sale documents to make that the seller's responsibility to diligently pursue. However, since you don't know if the tenant has a valid defense to fight the eviction, I would recommend postponing the closing until the tenant is legally removed. This will also ensure that if the tenant destroys the unit in the process of moving out (which does happen frequently in cases of evictions), then the seller should be responsible for making any repairs.

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Mike Fortunato

Expertise

Very familiar with all aspects of property management (tenant/landlord issues, lease administration, facilities maintenance, financials, etc). 25+ years in property management

Experience

I have been in real estate management for 25+ years, both residential and commercial properties. Currently own and operate a commercial and residential real estate management company in southern California.

Organizations
IREM; BOMA; MLS; National Association of Realtors; California Association of Realtors

Education/Credentials
CPM (Certified Property Manager) and RPA (Real Property Administrator)

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