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14 Aug 2013

Can I evict the tenant when I purchase a property?

The issue of eviction and tenancy contracts are governed by an individual States legislation.  Although each State is similar in its stance towards leasing; they differ slightly on particulars.

In general a tenant who has a written contracted lease (a fixed term tenancy), cannot be evicted prior to the termination of that lease.  In addition to this, written notice must be given even upon completion of the lease, for the tenant to vacate the residence.

If a tenant is on a periodic lease (week to week or month to month) they must also be given notice prior to eviction.  In either circumstance, the legislation of the specific state mandates that a tenant cannot be evicted ‘immediately’ due to the sale of a property.

In some circumstances (for instance a tenant has breached their lease agreement) a tenant can be evicted from a property prior to a lease expiring.

Prior to purchasing a property, it is recommended that the buyer investigate the legal status of any tenant(s) that are residing in the property.  This may contribute to negotiation regarding the sale and also allow the purchaser to plan for the eviction (if required) of the current tenant.

In some instances a buyer may opt to gain legal advice prior to a purchase, or when dealing with a troubled tenant.

Contact Alert Property Group for further information.

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