I bought a home on land contract and there are tenants in the home presently. They are aware that I bought the home. I am not taking possession until August 1. I need to make sure the tenants know that they need to move - feel better if it is in writing. I specifically am waiting to move in and gave them time (2.5 months) to find a place and move, but I need to move my children and home too by August 1. What procedure do I follow to make sure everyone is correctly notified. I do not know if they have a lease with the past owner.
Criminal Defense Attorney
You should communicate with the tenants directly to find out if they have a lease. As far as written notification, produce a 30 day notice informing each tenant of your purchase and the fact that they will need to relocate no more than 30 days from the date that they are served notice to vacate. Have someone other than you serve each tenant personally and complete an affidavit of service for each tenant. Keep the affidavits of service and a copy of your notice to vacate for each tenant in the event that you need court assistance.
As we don't know enough about your case, you should not consider my answer to be legal advice. You would need to consult with an attorney at length and include details about what has occurred in order to adequately assess your criminal exposure. Also, I am licensed in the state of New York only. If this is a federal case, provided more information were given, we could give you a better idea of the sentencing range. If it is state only, you will need an attorney licensed in your jurisdiction to address this.
2 lawyers agree
I agree with Mr. Blanch. I write to add that, if there IS a lease, you purchased the property, subject to the terms of that lease. So if the tenants had a lease that runs through the end of the year, you CANNOT evict them, before the end of the year. The lease will dictate what your rights and obligations are. If there is no written lease, then the tenants are there, month to month. In that case, a 30 day notice will be sufficient. There is a form which you need to use, in that case. You can find it, here: http://www.michigan.gov/documents/aero/Notice-to-Quit_224823_7.pdf
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General Practice Lawyer
I would speak with your Seller first to find out his/her understanding of the lease situation. Hopefully, he/she can give you a copy of the lease. If the lease ends soon or has ended, and if it has become effectively a month to month lease, then the 30 day notice is needed. I would do it ASAP, just in case there are issues getting them out. You definitely want to at least eventually (after you find out that there is no lease lasting beyond your hoped for move in date) speak with the tenants and be cooperative. I always advise that it is MUCH better to lose a month's rent than to have folks still there when you want to be moving in. A Court proceeding to get them out will take more than a month at the quickest, so I would try to get them to leave by the end of June if possible. You really should get a copy of the lease and review the situation with a lawyer. Good Luck.
State, Local, and Municipal Law Attorney
II agree with fellow counsel. If there is a long term lease, you will be bound by the terms of the lease. If it is a verbal or month to month lease, plan on about 2 months to forcibly evict the tenant(s). Call a lawyer.
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