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Old 06-06-2012, 08:06 AM
 
93 posts, read 203,977 times
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My wife and I have made an offer on a house. The house currently has a tenant who has given a notice to vacate by June 30, 2012. The seller wants to close on July 15, 2012, and proposed language stating that regardless of whether the tenant moves out, the closing will take place on July 15, 2012 and the rights of the lease will be transferred to the buyer. It also states that the seller will not be responsible for the default of the tenant.

Is there any language we could propose so that we are not the ones who would have to evict the tenant in the worst case scenario? In other words, we would not want to close with the tenant still there. We really like the house and the neighborhood, but we are not comfortable with this language.
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Old 06-06-2012, 09:13 AM
 
Location: Mostly in my head
19,643 posts, read 53,545,549 times
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Your agent and broker should easily be able to help you. Any opinion you get here is not as informed and could conceivably get you into trouble.
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Old 06-06-2012, 09:26 AM
 
93 posts, read 203,977 times
Reputation: 126
Quote:
Originally Posted by SouthernBelleInUtah View Post
Your agent and broker should easily be able to help you. Any opinion you get here is not as informed and could conceivably get you into trouble.

Yes, that makes sense. I just know there are a few realtors who post here and thought they might have suggestions in case mine did not have any ideas.
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Old 06-06-2012, 09:39 AM
 
27,552 posts, read 45,007,788 times
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it sounds like the lease may not be up when the seller wants to close--despite telling you the renter has submitted a notice to vacate
have you seen the rental agreement now in force with the tenant

I think from what I have read online (and not a realtor or attorney) that it is illegal for someone who owns a home and has leased it to force the renter to move out prior to the end of the lease...
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Old 06-06-2012, 09:55 AM
 
Location: NJ
17,579 posts, read 38,333,874 times
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You absolutely want language that says closing will not take place without the tenants being out. Personally I would be contacting a lawyer to help me.

I think I would also be a bit on edge that the seller tried to get this language put in. It would make me think they have a feeling the tenant won't be out in time.
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Old 06-06-2012, 11:00 AM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 18,548,327 times
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You should get a copy of the current lease between the seller and the tenant. The notice to vacate may or may not be enforceable if the lease actually runs longer than the June 30th notice to move out.

You may also ask the seller to provide you with a phone number of the tenant and see if they have any issues with the vacating date. If they really are planning to move by the end of June, you might be OK. If they seem to be balking at moving, you definitely don't want to accept the sellers proposal in my opinion.
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Old 06-06-2012, 01:31 PM
 
93 posts, read 203,977 times
Reputation: 126
Thank you for all of the helpful replies!
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Old 06-08-2012, 01:32 AM
 
6,361 posts, read 7,339,306 times
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Also, make sure that you carefully re-inspect the house AFTER the tenant moves out and before you close. You never know what type of damage a disgruntled (or not) tenant might make while moving out.
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