I am thinking about purchasing a single family home that has a month to month tenant in there. The seller will not ask them to move. He said the tenant is my responsibility. I am purchasing the home to live in, not become a landlord. Seller will not put in contract that tenant will be gone at closing. Legally, do I have grounds to ask him to leave or evict if necessary? Or do I have to become a landlord and then go through that whole deal? If so, how long does that take? Home is located in Conklin NY. Thank you for any help you can give.
You have to become a landlord and go thru that whole deal. It will take several months, unless there is a lease that isn't expired, in which case, you can't even start until the end of the lease.
Dear Conklin Home Purchaser:
I am fairly certain that if you could not find an attorney to represent you in Conklin, some where in Broome County, if you travel to Binghamton, you will find a lawyer. The seller will "not ask them to move" is a clear reason to walk into a lawyer office and learn what a lawyer could do for you to protect your contract interest. Right now, you do not have a method to prevent the home owner from making a lease with the tenant that could keep you from occupying the house as your residence for a year or two or even five years.
An attorney would add terms to the contract that would hold the tenancy in place and not allow the owner to expand the tenancy. An attorney may even negotiate a term that mandates the current owner terminate the tenancy in a manner that ends the tenancy before title transfers, so you as a successor would avoid the preliminary act of making the one month tenancy termination notice.
And yes, if you inherit a tenant, even a tenant hanging on after a terminated tenancy, you will need to complete the legal process of a summary holdover petition.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
If the tenant will not move voluntarily for the current or future owner, a Holdover Proceeding could be commenced to recover possession if there was no lease in effect. So you understand a bit more about what you may be getting yourself into, you may be interested to know that after obtaining a judgment of possession in a holdover proceeding, the court still has the discretion to grant a tenant a stay for up to six months.
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