Hold Over Tenants In Foreclosed Upon Property Thomas Pedreira
Q.
I have bought a bank-owned commercial property that had been foreclosed. The former owners leased it to a tenant for 3 years and then the bank owned the property since the former owners were not paying their mortgage.
What can I do to eject this tenant because I need the building for myself? That tenant doesn't want to leave and I told them that they should leave since the bank didn't acknowledge them as tenants and I, as the new owner, want them out as well.
-- MMB
A.
The laws vary from state to state but if the tenant(s) will not leave voluntarily, you will most likely have to file an unlawful detainer lawsuit against all occupants in the house and ultimately evict them pursuant to the legal process. Lots of owners try to do this themselves but there are many pitfalls to the process if it is not done correctly. This may especially be the case with foreclosed upon properties. The best thing you could do for yourself would be to go hire a lawyer who specializes in doing unlawful detainer actions. It will be money well spent. There are never any guarantees but, if the tenants do not contest the action, the process could go pretty smoothly. However, if you try to cut corners or rely on self-help, you are only looking for trouble.
