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If a sole-owner of a property sells, can the new owner evict the tenant in order to live in the property?

Milwaukee, WI |

the property has a tenant who signed a life lease. The leasee is not the owner of the property. the leasee is the remainderman of the property.

Attorney Answers 1


If the lease is legitimate (if it is an actual life estate), then no, this person cannot be evicted. This would have to be disclosed in the sale. If the life estate is not properly recorded, etc., it may not be enforceable and the new owner would be able to evict the life tenant.

If this is not disclosed, it may be reason enough to overturn the transaction, or sue the title company that did not catch it.

The better question is who would purchase such a property?

In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.

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