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Get on the horn with your lawyer and your loan officer and light a fire under them. If all your paperwork is in order with the loan officer then the your lawyer will have to work it out with bank attorney to make something happen. The bottom line is, the lawyer has to step in sometimes and be the pitbull. I closed on the the very same day my interest lock expired, but I was on his butt everyday, as I was homeless and living in my parents basement and did not want to lose my interest rate on top of that! If your lawyer is skillful, he can make it happen, but you have to nudge them and become a pain in their ***.
Get on the horn with your lawyer and your loan officer and light a fire under them. If all your paperwork is in order with the loan officer then the your lawyer will have to work it out with bank attorney to make something happen. The bottom line is, the lawyer has to step in sometimes and be the pitbull. I closed on the the very same day my interest lock expired, but I was on his butt everyday, as I was homeless and living in my parents basement and did not want to lose my interest rate on top of that! If your lawyer is skillful, he can make it happen, but you have to nudge them and become a pain in their ***.
this is true. we would not have had a tentative closing date had i not been politely persistent these past few days. i do intend to keep it up, as its obviously working.
I had a situation where the owner was selling her house and found a nice rental in Long Beach. The buyer's landlord found a new tenant and she needed to be out by a certain date. The bank kept asking the buyer for more information and the closing date kept getting changed. It got to the point that the owner was going to lose the house rental so we worked something out that benefited all.
The owner moved into her rental in Long Beach. The buyer moved in as a tenant into the house she was buying. The owner had her sign a lease agreement, pay 1st months rent and a months security. So now the buyer had a place to live which will be her home anyway and the owner was happy to be in Long Beach in her house rental.
This situation worked out like a charm. After a week of the buyer living as a tenant, the mortgage came thru and we went to closing. The 1st months rent was given back minus the days she lived there and the security was refunded.
See if you can make such an agreement with the owner of the home you are buying.
I agree with happyspring. see if you can move into the house while the paperwork is being done. i have to say, in these times, i can't blame your LL for wanting you out. The new tetant means steady payment for her. It's not anybody's fault but you're leaving and she has a new tenant. unless she's your mother and has some obligation towards you (funny), she's right. You can't string them along for too long. See if you can move your stuff into a storage place and move in with family until you sort your things out.
Do you think you will be able to be out by 30 days from the date she asked you to move?
If you will, no problem.
If not, then yeah the LL can take you to court, etc., but if she wants to go that route, it is actually fruitless for her to spend money and time on it, because it can take her a couple of months to have the sheriff remove you anyway.
It was irresponsible of the landlord to give anyone a move-in date until she had a move-out date from you. Another instance of someone who is not a professional landlord being a screw up. She'll have to live with it. Maybe her new tenants can "stay with relatives." You are the current tenant in residence, so your rights take priority.
PS: I also agree with the other people who said that you should light a fire under the butts of those who are hindering your closing. It would be much better if you could get out ASAP.
Do you think you will be able to be out by 30 days from the date she asked you to move?
If you will, no problem.
If not, then yeah the LL can take you to court, etc., but if she wants to go that route, it is actually fruitless for her to spend money and time on it, because it can take her a couple of months to have the sheriff remove you anyway.
It was irresponsible of the landlord to give anyone a move-in date until she had a move-out date from you. Another instance of someone who is not a professional landlord being a screw up. She'll have to live with it. Maybe her new tenants can "stay with relatives." You are the current tenant in residence, so your rights take priority.
PS: I also agree with the other people who said that you should light a fire under the butts of those who are hindering your closing. It would be much better if you could get out ASAP.
thanks! your responses are always thoughtful and helpful. and yes, we are fully packed & READY to go, so as soon as we close, as we do feel it'll be within the next week or two. then again, the way Wells Fargo has been delaying things, I really do not know. but yes, I'm not going to stop pestering them to get us closed by week's end.
the way I read it is that you gave your LL notice when you told them you were moving out this month.
I'm guessing the LL assumed you'd be out the 15th based upon you saying that was your tentitive closing date and she could rent the place. Maybe that was a misscommunication.
Ultimately 1 person either you or the LL needs to give 30 days notice at a point in time and have a hard move out date. However, you HAVE to pay rent up until that move out date (30 days from notice), even if you move earlier unless the place is rented earlier.
Good reason to not give notice UNTIL YOU CLOSE. Yes you will pay an extra months rent. That will give you time to move at your leisure and clean the place up and make sure you get your deposit back. If you dont have the extra cash to pay the months rent after you close then you cant afford a home anyhow. Youre really putting your LL in a bad situation here and getting them off to a bad start with their new tenant.
update:
LL was really accommodating hereafter and was also advising us to not push the seller of our new home, since we'd be neighbors. she was extraordinary, and later commented that the deal with the new tenant was not even set up by her, nor was there ever a date agreed upon, nor did she ever receive a deposit for the apartment. she also admitted being under a lot of stress on the days surrounding her asking us to leave and apologized for the way she handled it.
and as it turns out, the new tenant had 5 days from her closing to vacate the house.
in the end, it all worked out. we moved out on the same day the new tenant closed, and were given our security deposit back.
i think the key to it all for us was to cut ties with the new tenant during this process, as she was almost using what we were going through against us. once we did this, it was all on our LL to deal with, and when she felt the brunt of the new tenant's pressure, she began to realize that this "deal" was no deal at all, just the new tenant's way of pressuring us to give her the right of way when choosing a move out date.
i've since heard from my old LL. she's had nothing but problems with the new tenant, from the agreement to the security amount, to agreements on how the apartment was to be updated prior to her moving in.
and we're all moved in to our new home...sweet home.
update:
LL was really accommodating hereafter and was also advising us to not push the seller of our new home, since we'd be neighbors. she was extraordinary, and later commented that the deal with the new tenant was not even set up by her, nor was there ever a date agreed upon, nor did she ever receive a deposit for the apartment. she also admitted being under a lot of stress on the days surrounding her asking us to leave and apologized for the way she handled it.
and as it turns out, the new tenant had 5 days from her closing to vacate the house.
in the end, it all worked out. we moved out on the same day the new tenant closed, and were given our security deposit back.
i think the key to it all for us was to cut ties with the new tenant during this process, as she was almost using what we were going through against us. once we did this, it was all on our LL to deal with, and when she felt the brunt of the new tenant's pressure, she began to realize that this "deal" was no deal at all, just the new tenant's way of pressuring us to give her the right of way when choosing a move out date.
i've since heard from my old LL. she's had nothing but problems with the new tenant, from the agreement to the security amount, to agreements on how the apartment was to be updated prior to her moving in.
and we're all moved in to our new home...sweet home.
Congratulations... happy for you.... enjoy the new home.
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