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Amanda A | Mortgage closing and Tenants? |
I am closing on a property April 9th. The tenant is suppose to have moved out already but he is still there. I can't even schedule cable services or any other utlities becasue he is refusing to close his accounts! What happens on the 9th if I go to final walk threw and the tenant is not moved out? |
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J.H.
 |
You can not start evicting a tenant in a property you do not own. Right now the tenant is not your problem it is the seller's. You should not transfer the utilities until the day you close anyways, why would you want to set up accounts for a property you do not own. Even if you set them up now for the 9th, there could be a last minute issues and a delay in the closing, and you stuck paying utilities you do not owe.
Don't do a walk through on the 9th, do it on the 8th or the 7th. If the tenant did leave and the place is a mess, the seller will not have time to clean and/or make repairs before closing. If the tenant is not moved out, then don't close. If the seller is told after your first walk through to make repairs or to clean, and it is not completed at the second walk through, then have the title company hold money from the seller's proceeds as a deposit until the property is to satisfactory conditions. |
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Real Estate Guy
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Make the seller get the tenant out. DO NOT SETTLE.
Put pressure on the seller: like demanding a per day late settlement fee, etc. |
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starshyne59
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Don't close until he is gone! If you close with him still there, then you will be responsible for getting an attorney to have him evicted if he won't leave on his own.
Start complaining to the current owner now. Clearly state, preferably in writing, that you cannot close until the tenant has vacated the property.
Good luck! |
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go_lc_bears
 |
Don't close if the tenant is still in the house! If you do, it becomes your problem. Make the current owners go through the eviction process before you close, and hopefully your purchase agreement had a penalty in it for not allowing you possession by a certain date. |
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♥ Mary ♥
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Did you get it in writing from someone? Because usually when someone buys a house and it has a tenant, you have to pick up where the lease left off. If the tenant was on a month to month lease then the old landlord should have started eviction process. If not once the house is in your name you will have to start the eviction process. I would not buy the house myself with someone else living in it and refusing to move out and turn off everything. |
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Bob D
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Dont close. make the tenent being gone as a condition of the closing. Even if you have to rent a storage area and a motel for a week.. |
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lovely
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I have had to do this before. You don't want to back out on your purchase because of this. First you need to post a 5-day eviction notice on his door. Second go to the court office and file an eviction with the court they will schedule a hearing within two weeks. Most of the time tenants do not even show up. In one week you can contact the Sheriff's office and have them meet you on the property and you can legally carry their stuff to the curb. Usually, they have already moved out. You can also file with the small claims court to recover your costs, you may not get it right away but the court will put a judgment on them.
Also, contact the current owner and get all the information you can get. Checking account number etc. if you have that the court can immediately recover your costs.
Good Luck and don't hesitate to e-mail me. |
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s351chic
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You cant just throw them on the curb. It may be irritating but if they really dont go you'll have to legally evict them. Or, if you put it in your sale contract the seller may be in breach. |
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ebosgramma
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Check your purchase contract. What does it say about the tenant? Unless it specifically says the tenant will be moved out before the closing date then you cannot stop the sale based on the tenant still being there. If you do you stand to lose any money you have already put up plus be held responsible for more.
If you have to close with the tenant there others are right you will have to spend time and money to evict him.
Good luck. Live and learn, next time you will want to make sure the tenant moving is listed in the purchase agreement. |
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De
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depending on how you told your tenants and the time frame. I would recommend sending a letter that if they are not off the property you can get the police involved for trespassing charges. But I would also double check your area laws on it. You may have to move your date further out as a just in case. Also ask your Realtor they know the laws better than any one... |
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