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You're pretty much stuck to the agreement. She legally does not have to vacate until the 20th. I would be patient enough for two days. Let it slide off your back man. Its easier to eat crow for two days than fight a crazy loon with a contract in hand for another 13 days. It could be as simple as the movers dicked her over and changed her move out date. However if you wanna press it as the legal LL/owner with 24 hr notice you have the right to enter. This person is obviously not mentally all there. My suggestion is to wait till tuesday and then take possession. She probably can't deal with the sale of the house. Good luck and hope you dont have to start eviction after Tuesday cause she's camped out on the living room floor. Btw I strongly suggest you bring either the realtor or a lawyer and a camera when you take possession and document everything.
She is "obviously not mentally all there" because she was told she had until the 20th and now her new "land lord" changes the move out date at the last moment? WTF?
To the OP, you gave her till the 20th and now you are trying to renig on the deal? That's pretty lousy of you.
Your topic title is can a rent back to seller be revoked. Your tenant is no longer "seller" in this case. You and she have contracted that Ms. Soandso be your tenant until July 20. What would you do it you rented a place and the landlord said, hey, I want you out a couple of weeks early?
At the same time, your tenant has rules she needs to follow. As a tenant under rental lease agreement with you, she gave you a deposit, she should have done her walk thru with written issues before her tenancy so you both know what's what. You and your tenant signed that there be a specific end date. As any landlord would do, you are now responsible for her heat and a/c and anything that breaks (this one can be tough) within reason. Who mows the lawn should have been agreed to in the lease, tenant or landlord. If your tenant is unruly in the neighborhood, you may get calls about it. One hopes your tenant doesn't make the same mistake and think her landlord is paying her utilities. That would also have been made clear in your lease.
Have you checked with your insurance company regarding your position as landlord, however short a period?
All this said, if you don't have the proper lease described your realtors really let you down.
One word of caution, especially if you plan to live in this house.
Go easy because she is probably friends of everyone in the neighborhood and you don't want to start off badly... if the rent back was an issue it would have been best to have avoided it.
I know a couple that did this on a street where I have a rental... they did everything legal and brought about lots of bad will... she was the old lady that had lived their for 40 years with the rose garden.
Why do you have a problem with going through the agents. The transaction as not been completed yet. The sale closed, but as part of the sale, you agreed to a lease for 30 days. That means the agents should remain involved. I never like my clients speaking with the other side. Too many "bad" things happen, and emotions get out of whack, like you've already shown.
Just continue to communicate through the agents, give her the time you agreed to, and breathe. If you tried to get her out "early", you have to figure out what tenant laws are and go through eviction which is another 30 days. Isn't it less expensive and more timely to just let the days tick by?
I wouldn't make all people who rent back seem like a problem. We are planning doing a rent back when we sell our house this month. The people really wanted the house and to be frank, we wouldn't have sold it to them without them allowing it. We needed it so we would have flexibility to find another house in a super competitive market.
We will be great tennants and wouldn't dream of doing anything to the house as we really love it.
Some people have no choice but to allow a rent back, especially in a seller's market.
Some people have no choice but to allow a rent back, especially in a seller's market.
As a buyer, I would do everything possible to avoid it.
When we bought our first house, we allowed the sellers to remain until they could move elsewhere. It drug on week after week after week. Finally, I showed up at the door and announced that our stuff would be coming in on Monday. If their stuff was still there, I would be stacking it in the back yard.
When they asked where they were supposed to live, I pointed out they could have the hotel room we were vacating.
I did a rent back and thankfully the Seller's agent insisted on a Hold-back in Escrow of 1% of the sales price plus the rent was PITI...
The seller moved and his grown step-daughter and family didn't... it was part of the reason the seller sold and moved to a retirement community because of the never ending drama from his step daughter.
Eventually, the seller intervened since it was costing him money and he paid her costs to get into an apartment.
All I could do was be patient which earned me a lot of respect from the neighbors... and I was not out of pocket anything.
Go easy because she is probably friends of everyone in the neighborhood and you don't want to start off badly...
Good point! Great way to start out relationships with new neighbors. NOT!
Quote:
Originally Posted by FalconheadWest
Why do you have a problem with going through the agents. The transaction as not been completed yet. The sale closed, but as part of the sale, you agreed to a lease for 30 days. That means the agents should remain involved. I never like my clients speaking with the other side. Too many "bad" things happen, and emotions get out of whack, like you've already shown.
Just continue to communicate through the agents, give her the time you agreed to, and breathe. If you tried to get her out "early", you have to figure out what tenant laws are and go through eviction which is another 30 days. Isn't it less expensive and more timely to just let the days tick by?
This situation is an excellent example of what happens when buyer and seller are going around agents.
Bad things happen when buyers and sellers who are of course amateurs bypass their agents. Agents are buffers, and any bad feelings are heaped on agents. That is part of the job and I presume all agents understand this, and do not take it personally. No professional would do that.
Quote:
Originally Posted by Niceguy17
Some people have no choice but to allow a rent back, especially in a seller's market.
Quite.
Quote:
Originally Posted by GotHereQuickAsICould
As a buyer, I would do everything possible to avoid it.
When we bought our first house, we allowed the sellers to remain until they could move elsewhere. It drug on week after week after week. Finally, I showed up at the door and announced that our stuff would be coming in on Monday. If their stuff was still there, I would be stacking it in the back yard.
When they asked where they were supposed to live, I pointed out they could have the hotel room we were vacating.
I got a good chuckle out of your post! I can tell you and I have a similar sense of humor.
Quote:
Originally Posted by Ultrarunner
I did a rent back and thankfully the Seller's agent insisted on a Hold-back in Escrow of 1% of the sales price plus the rent was PITI...
The seller moved and his grown step-daughter and family didn't... it was part of the reason the seller sold and moved to a retirement community because of the never ending drama from his step daughter.
Eventually, the seller intervened since it was costing him money and he paid her costs to get into an apartment.
All I could do was be patient which earned me a lot of respect from the neighbors... and I was not out of pocket anything.
You and your darned good posts!!!
Quote:
Originally Posted by Lovehound
I'd never agree to a rent back.
I hereby eat my own words. After my post I have realized that in a buyer's market seller may have no choice. I like Ultra's solution. If you can't avoid it make sure the agreement states a high rent, high enough that nobody would want to stay any longer than absolutely necessary, then GTFO.
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