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This should have been stipulated in your purchase contract. My P&S's state "free and clear of all tenants" and if this stipulation isn't met, we don't close. Did you do a walk through before closing? If you closed and the tenant is in there it now becomes your problem. You'll need to review the laws in your state for eviction. In my state, if the tenant remains on property after short sale or foreclosure and they are section 8, they have rights to stay. Non section 8 in my state would then need to be formally evicted
Again the deposits (should your P&S stipulate you're keeping a tenant) should have been spelled out in the contract. I would assume if they didn't transfer deposits over to you the tenant has a right to file against the previous owner.
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