This is a difficult question to answer without being able to look at all of the documents but generally speaking, a new landlord is bound by the existing lease. This is true if it is a month-to-month lease or a longer term lease. A buyer of rental property is generally subject to the terms of an existing lease. There are circumstances where this is not the case and your situation may be one of those. Commercial property for example may be an exception. Additionally, in many instances there are provisions in the lease that talk about the tenant being subject to new rules and regulations if the ownership of the property changes. You need to have a lawyer look this over before you do anything. If you try to evict the tenant, and you are wrong, you may causing yourself problems that you never anticipated. Call me to discuss your situation. I have years of experience in dealing with situations like this and I can help you avoid big problems.

John W. Drury is a lawyer with the law firm of Matecun, Thomas & Olson, PLC in Howell. They answer readers’ questions on legal matters affecting individuals, their families and their businesses. Email questions to [email protected], or if your question is urgent, call (517) 548-7400. The information in this column is not intended as legal advice.

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