03 Jul Who’s responsibility is it to evict a tenant prior to closing?
Here is the situation (NJ): Buyer is interested in buying a 2-family house. Unit 1 is owner-occupied. Unit 2 has a month-to-month tenant. Buyer desires to have the property completely vacant at closing. Unit 1 is no problem, but the tenant in Unit 2 may be an issue. Contract is signed but attorney review is ongoing. The seller and their agent/attorney are arguing that it will be the buyer's responsibility to serve a notice to quite and evict the tenant prior to closing. This does not make sense. Shouldn't it be the seller's sole responsibility to evict the tenant if they agreed to sell the property to a buyer who wants it vacant? What is customary?