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Seller and buyer could consider working together to "pay" tenant to move.
Why pay someone off to do what they by law should be doing?
If this was me and the tenant refused to move I would file to evict and also file in small claims court for damages from the tenant.
Why pay someone off to do what they by law should be doing?
If this was me and the tenant refused to move I would file to evict and also file in small claims court for damages from the tenant.
Because the law doesn't do it for free.
It varies by location, but a formal eviction takes months or years and cost hundreds or thousands to process -- plus the thousands you pay towards the mortgage in the meantime and the tens of thousands worth of damage that the tenant does to the house during the process.
An eviction could cost 50 grand, altogether. Paying the tenant a hundred or so to leave is wayyy cheaper. You still have to pay to fix all the damage such tenants usually leave, but at least you save on the legal fees. And there won't be the retaliation-type damage, if they leave happy.
It varies by location, but a formal eviction takes months or years and cost hundreds or thousands to process -- plus the thousands you pay towards the mortgage in the meantime and the tens of thousands worth of damage that the tenant does to the house during the process.
An eviction could cost 50 grand, altogether. Paying the tenant a hundred or so to leave is wayyy cheaper. You still have to pay to fix all the damage such tenants usually leave, but at least you save on the legal fees. And there won't be the retaliation-type damage, if they leave happy.
$50,000? You are insane, that would be a one in a million eviction. I think you have watched Pacific heights one too many times.
It varies by location, but a formal eviction takes months or years and cost hundreds or thousands to process -- plus the thousands you pay towards the mortgage in the meantime and the tens of thousands worth of damage that the tenant does to the house during the process.
An eviction could cost 50 grand, altogether. Paying the tenant a hundred or so to leave is wayyy cheaper. You still have to pay to fix all the damage such tenants usually leave, but at least you save on the legal fees. And there won't be the retaliation-type damage, if they leave happy.
Say what!?!?
In most locations, an eviction is done within a couple weeks and at a cost somewhere around $250. Sounds like your talking evictions from Trump Towers or something like that. Years?, no way! Fifty Grand for an eviction?, someone is smoking something!
The true issue is that once the property transferes from the seller to the buyer, the sellers actions against the tenant is null. The new owner (landlord) must start again from scratch to evict. The new owner must serve the tenant with proper notice to vacate and after that must evict if they refuse. Not to mention, the buyer now also takes responsibility for the security deposit and accounting.
Thank you for all the responses. Honestly, it seems like no one sees the problem with the tenant.
The closing date is coming next week. We will see how it goes.
I just wanted to point out that the closing date was originally established to accommodate the 60 days period for tenant termination.
Another thing to mention is a fact, that Seller's attorney is an old date man, and with all respect to him, I cannot believe how people confusing places, dates, tenants, clients etc. can work at places where high attention to detail is so crucial. He calls my attorney and confirms that the unit at 1st floor is already vacant - What?? This is not true and it was never requested. In fact, we spoke with the tenant and confirmed that they stay there. He also suggests that we can move in there temporary before we set everything up the 2nd floor unit. Next time he claims that there is no issue and the tenant in 2nd floor unit is out - which we know it is not true. How to deal with such incompetency? Where does it end?
Answering few of the questions:
Quote:
Originally Posted by NilaJones
If seller was an ethical person he would have told tenant far in advance that he was going to put the house on the market, and that buyer might need it to be vacant.
Then when he accepted the offer he would have told the tenant that the move is for sure.
Beware of doing deals with unethical people. Get very, very sound legal advice if you need to deal with them.
That was complete BS and an attempt to intimidate the buyer. Seller is a real a$$haberdasher.
The tenant was "verbally" informed by the Seller right after the offer was accepted. And that was a mistake, because they should have notified him IN WRITING. Now, the tenant is the one who told: "there is no way I am leaving this place by August 30!" and showed the revised termination letter with the date September 30th.
Quote:
Originally Posted by NilaJones
Buyer needs to do a walk through before closing, to verify that tenant is out, place is clean and in good repair, etc. There should be a clause in the contract that allows for new inspections at that time if buyer feels the desire for them.
Personally, given the BS so far, I would also ask to speak with the now-ex tenant myself before closing, to verify that they are not holding this all against me, planning to burn the place down, etc. I mean, I would not ask that directly but would assess their attitude and listen carefully to how they talk.
Also make sure the closing docs include a copy of ex-tenant's rental agreement showing deposits paid, and proof they were refunded. You don't want ex-tenant expecting you to refund some huge deposit.
^This is what we are planning to do. Seeing how communication between -ex tenant and Buyer is harsh, because the tenant is not happy about moving out, I do not expect any dialog between the two. However, I don't think the tenant would get any further. Worst he can do is not to move out at all even after the Sept. 30th, and then all this deal can turn into real court nightmare.
I just don't see us going for the closing knowing there will be no closing.
From everything I have read about tenant rights in various parts of this country, there's no way I would even go to contract on a home occupied by a renter unless I wanted to be a landlord.
The actual cost of evicting a tenant can easily cost a few thousand or more. First the tenant can fight you in court (which takes up your time--time=money) and assuming the tenant loses (he may not), you have to get him out of the house via the sherif and movers that you pay for (two movers per bedroom). That can easily take three months (that is 3 months of tenant not paying rent, but you paying mortgage)--with the tenant doing thousands of$$$ damage in the meantime. Starting the process today with a tenant --I dread it.
Quote:
Originally Posted by Rabrrita
Say what!?!?
In most locations, an eviction is done within a couple weeks and at a cost somewhere around $250. Sounds like your talking evictions from Trump Towers or something like that. Years?, no way! Fifty Grand for an eviction?, someone is smoking something!
The true issue is that once the property transferes from the seller to the buyer, the sellers actions against the tenant is null. The new owner (landlord) must start again from scratch to evict. The new owner must serve the tenant with proper notice to vacate and after that must evict if they refuse. Not to mention, the buyer now also takes responsibility for the security deposit and accounting.
Thank you for all the responses. Honestly, it seems like no one sees the problem with the tenant.
.
That's why someone has to pay him off.
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but would assess their attitude and listen carefully to how they talk.
