Legal Question in Landlord & Tenant Law in Virginia

My name is Rebecca Lucero and I am closing on a house on the 10th of June. This house is a short sale and the former tenants are refusing to leave the property and we fear they may not be out by the close of the sale. Is it possible for me to move into the property anyway? Can I have them escorted from the property if they have already been given notice? I really would like the sale of my house to go smoothly unfortunately they were previous tenants of the last owner and would like to know what my options are. Thank you for your time.


Asked on 5/25/10, 2:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If the lease which these tenants had with the former owner has yet to expire,

they are entitled to remain there until this lease is over (unless they are in material violation of one or more of this lease's provisions).

It may not have been explained to you, but if you're taking title in the short sale

directly from the previous owner, then you take it subject to the terms of the unexpired lease and you become in effect the new landlord to these tenants and

you may not simply move into the property while they are still occupying it.

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Answered on 5/25/10, 9:25 pm


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