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Can we ask tenant to vacate if decided to sell our house?


Question by Jamal: Can we ask tenant to vacate if decided to sell our house?
My house is currently leased and lease won’t expire for another 5 months. We decided to put the house for sale but the house must be vacant. We sent a letter to the tenant and gave her 45 days notice to vacate. We haven’t heard from her yet and now we are wondering if we are within our legal rights to vacate the tenant. The is nothing in the lease about selling house. We realize we should have done that! This is in Louisiana.

Best answer:

Answer by Mad Men
You must read the laws for your state. If you gave her a year lease then you are breaking the lease and you must offer something in return in legal format.

Know better? Leave your own answer in the comments!


3 Responses to “Can we ask tenant to vacate if decided to sell our house?”

  • realtor.sailor:

    You can ask them to vacate, but they don’t have to comply. You may have to resort to “cash for keys.” You pay them to vacate. But, consider this, your home may be more appealing if it’s marketed as income producing property. Talk to local Realtors and get their opinion.

    realtor.sailor

  • John M:

    In Wisconsin, you cannot terminate the lease because you want to sell. You can refuse to renew it at the end of the term of the lease. As another responder mentioned, you can get them to voluntarily move out, generally by paying them something. But in this case you might suggest they move just to avoid the hassle of all the showings you are expecting. You have the right to show the property for sale, as long as you give them adequate notice. In Wisconsin I believe it’s only 24 hours notice. So from the tenants perspective, they might prefer to move now, in the summer, to avoid having a lot of people tromping through the house during showings. As is normally the case, a lot of this depends on how you present it to the tenants.

    Good luck

  • real estate guy:

    They have a lease for 5 months. You have NO right to end the lease early.

    However, if you want them out, I would recommend offering them something to move out early (ie money).

    Selling the house is NOT grounds for either party to end the lease early.

    Also, the lease runs with the property. So even after settlement, the new owner must honor the lease.

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