Legal Question in Real Estate Law in New Jersey

Trying to purchase a house with a tenant that won't vacate

I have a friend who has signed an agreement on the purchase of a home. A deposit has been provided. A loan is secured. The tenant won't vacate. I implored him to request a copy of the lease agreement. The settlement date can not be set until the tenant vacates. What are the laws surrounding this issue? How can we get the tenant to vacate? Who is responsibile for enforcing the tenant to vacate? The home was on the market for 40 days prior to signing the agreement, so the tenent was aware of a pending sale. My friend entered into this agreement under the pretense of being in the home in less than a months time. He is purchasing this home to reside in. What advice can be given? He is ready to walk away from this agreeement. Thank you.


Asked on 5/04/00, 11:05 pm

2 Answers from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Trying to purchase a house with a tenant that won't vacate

tHE OCCUPANT may be given a 2 month notice to Quit to vacate and surrender the premises. If they fail to do so, a summary dispossess action must be commenced to secure repossession of the demised premises. This undertaking is a highly technical procedure and I would not recommend doing so without the assistance of an attorney aptly familiar with the New Jersey Anti-eviction Act found at NJSA 2A:18-61.1. I would be pleased to assist in the situation. Reach me at (973)643-0040 x-104

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Answered on 6/21/00, 9:15 am
Walter LeVine Walter D. LeVine, Esq.

Re: Trying to purchase a house with a tenant that won't vacate

The responsibility to get the tenant to vacate is that of the owner, if the contract of sale has provided for this - most contracts do.

If you have incurred any expenses for the transcation (title work, mortgage fees, etc.), they may be recovered from the owner if the contract is terminated due to the owner's failure to deliver the premises without a tenant by the closing date. Again, the language of the contract controls what damages can be recovered.

Walter

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Answered on 6/21/00, 9:37 am


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