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When buying any real estate, there is a long list of issues that must be considered. When buying rental properties, issues related to existing tenants should be near the top of the list. Existing tenants in investment property can be either assets or liabilities. Whenever you buy the tenants with the real estate, protect yourself by covering certain issues in the purchase contract.
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First, you want to avoid the possibility of post-closing claims from continuing tenants regarding rents, deposits, or lease-related agreements that were not disclosed to you by the seller. A lease transfers with transfer of property ownership, so any claim of a previous tenant against the seller can be valid against the buyer. The buyer become liable to existing tenants for security deposits(and any other potentially refundable amounts) whether or not the buyer received credit for those amounts at close of escrow.
Third, lease terms can affect the current and future value of the property and could severely affect any plans for personal use of the property. For example, you may have planed to have your child occupy one of the units while attending a college near the property, but you could find after closing that the existing tenant has an option to annually renew his lease for the next 3 years.
First, the contract should require an estoppel certificate from each existing tenant. Basically, an estoppel certificate is a document that requires the tenant to confirm such issues as the correct rent amount, the date to which rent has been paid, the current amount of the tenant’s security deposit, and that the attached lease agreement documents are the only lease documents relevant to the current tenancy.
Second, the contract should require that legal possession of vacant units be verified to the degree possible. This is usually most easily done by requiring copies of the most recent documentation related to the vacant units, specifically, any written notices from the ex-tenant regarding intent to terminate tenancy or, better yet, a move-out checklist signed by the ex-tenant.
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