Legal Question in Landlord & Tenant Law in Oregon

We are purchasing a house that has a renter. The Renter was given a 30 day notice to be out before we close. What is the relationship we would have with the renter if they are still in the house after we purchase it? Can we have them removed??


Asked on 10/09/09, 3:05 pm

1 Answer from Attorneys

Susan Burns Law Office of Susan Ford Burns

You would have the relationship of landlord and tenant. I usually recommend that if the new buyer wants the tenant out of the house, the buyer should not close on the purchase until the tenant is removed.

If you end up with the tenant and need to remove him/her, you will need to go through the full eviction process, which takes time and could be costly.

The problem with coming into this relationship after the tenant has been given a 30 day notice is that you don't know whether the tenant has any defenses to that notice. For example, was the notice delivered correctly and did it contain all of the required information. Does the tenant have any defenses to that notice? Did the current landlord count the number of days correctly?

If any of the tenant's defenses are good, you could end up with the tenant still in the property and even having to pay for the tenant's attorney (as well as your own).

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Answered on 10/14/09, 5:51 pm


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