Buying A Home
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2 homes on one lot- question

So there is a listing in our area we are going to look at. It has a 3br 2bath house and also a 2br 1.5bath  smaller house on the same lot. Currently there is a tenant in the smaller house, but if we did end up buying that house we wouldn't need/want the extra income a rental property would provide, we would want to use it for our own needs --either as a home business or for my MIL. 
How much notice would we have to give to the tenant  (who has lived there for a few years)to evict them??
~Jenny~

Re: 2 homes on one lot- question

  • I think it will depend on the lease (if any) they have with the current owner. If they know the property is for sale (and let's hope they do!) they have to be at least somewhat aware that a move may be in their future. You will also want to check with the landlord/tenant laws of your particular state.

    You'll want to talk to your realtor, but it may be possible to make a clause of your offer that the tenant must vacate the second home before or upon the closing date. Then the only thing you'll have to worry about is moving yourself in!
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  • You will also have to see if it is zoned to allow for a business in your neighborhood.
  • I agree with PP, talk to your realtor about it.  They should know what to do.  If you have an attorney you could ask them also.  Beware that sometimes it can be very hard to get the person to leave if they don't want to go.
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  • ohpagrlohpagrl member
    10 Comments First Anniversary
    edited September 2013
    It completely depends what the tenant landlord laws are in your state. When I bought a duplex, in which I had been one of two tenants, I looked into this first. I did not want to purchase if I'd have to maintain the lease with the upstairs tenants. I was not obligated in that state to honor the lease that was between the original owner and those tenants. That was a legal contract between the two of them only.

    I'm not sure if you'd be allowed to get a clause in there that the tenant would need to leave prior to closing, but probably by the closing date.

    Good luck ~ I'm sure you'll be able to work it out.

  • When I was looking for a house, I was specifically looking for 2-family homes where I could live in one part and rent out the other.  As such, most of the homes I looked at were investment properties where everyone was tenants.  I asked my real estate agent about how that works when I close on the house and need to move into one of the areas that might already have tenants.  She told me that isn't my problem...it's the seller's.  If I want all the tenants out by closing, the seller needs to make that happen.  If I wanted only one set of the tenants out by closing, the seller needed to make that happen.  Once I own the house, any lease with the seller is null and void because they no longer own the house.  While I'm sure this can vary by state or even city, I suspect that is usually the case.
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