I have never heard of an inspector insisting that the premises be vacant before completing an inspection, but as long as a the tenants have a viable lease, they can stay between ownership changes. If they do not have a viable lease you should be able to notify them that you intend to end the tenancy and then if they stay beyond the notification period, you can evict them by filing a complaint in landlord-tenant court.
If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.
The Law Office of Robert Colby, LLC
73 Church Street
New Brunswick, NJ 08901
www.robertcolbylaw.com
(732) 609-3915
Admitted in New Jersey
Answered on Jan 20th, 2013 at 9:25 PM