Legal Question in Real Estate Law in New York
Tenants who will not leave.
A relative of mine recently purchased a home with
the understanding that the house would be free of
tenants. The tenants were given several months
notice and two months after the deadline they are
still there. They do not have a lease with my
relative. Is there anything that my relative can do
to make them leave?
1 Answer from Attorneys
Re: Tenants who will not leave.
Your question did not state whether your relative closed title yet. If not, notice should be given to the Seller that you do not intend to close unless the tenants vacate the premises. If, after notice is given they fail to do so, you may either cancel the contract by virtue of the Seller's failure to perform their duties or close title taking the tenants. In such cases, however, it would be advisable to ask Seller to remain responsible for the cost of removing the tenants. A large sum of money could be left in escrow to secure Seller's obligation.
If you've closed already, all you can do is take them to court or offer them a buy out sum to be received when they vacate by a certain date.
If your attorney is a real estate attorney, these options should be discussed.
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