Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
We live in the Sacramento area, and purchased a home in another part of Sacramento. We are keeping our current home to use as an investment property.
As part of the agreement to purchase the new home, we agreed to give the seller a 30-day rent back. She refuses to communicate with us or give us any of her contact information. Everything has to go from us, to our realtor, to her realtor, to the seller... and back that direction. When we did the walk-through, we left a very nice note on the counter requesting that she contact us so we could work out details of her move-out, and so we could arrange for certain things to happen, e.g., duct cleaning, chimney cleaning, etc. She never contacted us, nor did her realtor. She refused to give us a move-out date, so we insisted that she pay for 30 days up front, with reimbursement once she moved out based of course on how many days she stayed.
Today is Sunday, July 6. We were told earlier this week, via her realtor of course and several emails over several days, that she would be out today. We have scheduled various appointments throughout this coming week, as a few examples above, with our move-in on Thursday.
This morning we all received an email from the seller's realtor that she will likely not be out until Tuesday, and we'd better hold off on scheduling anything more until after that as she needs a few days to finish cleaning up her things. Also, we are told by the realtor, "I have to be very careful as she's very emotional."
The actual 30 days will be up on July 20th. I'm so sick and tired of this run-around and total lack of timely communication, and change of plans.
Is there anything we can do to get her out of there? Any recourse at all with her continual lack of communication?
It's your house. She is your tenant. The purchase and sale are complete and you should no longer be going through agents to get to your tenant who is in your home. Go knock on the door and show her exactly what 'emotional' really is, and get the stupid phone number. You should have insisted on getting it in the rent-back agreement. You should have gotten a set of keys at closing.
If notices become necessary, post them on the door.
And she's paid through the 20th, so you shouldn't be making any plans for the property until then.
Since you agreed to it, she has a right to stay there until July 20th.
And Tuesday is 2 days away. Is it worth the headache to try and get her out early? Especially when she has the right to stay for 2 more weeks? I'd say no.
Especially given the strong nature of California's tenancy laws, even if she IS your tenant, you could end up in a situation similar to the following if you don't play your cards right:
We live in the Sacramento area, and purchased a home in another part of Sacramento. We are keeping our current home to use as an investment property.
As part of the agreement to purchase the new home, we agreed to give the seller a 30-day rent back. She refuses to communicate with us or give us any of her contact information. Everything has to go from us, to our realtor, to her realtor, to the seller... and back that direction. When we did the walk-through, we left a very nice note on the counter requesting that she contact us so we could work out details of her move-out, and so we could arrange for certain things to happen, e.g., duct cleaning, chimney cleaning, etc. She never contacted us, nor did her realtor. She refused to give us a move-out date, so we insisted that she pay for 30 days up front, with reimbursement once she moved out based of course on how many days she stayed.
Today is Sunday, July 6. We were told earlier this week, via her realtor of course and several emails over several days, that she would be out today. We have scheduled various appointments throughout this coming week, as a few examples above, with our move-in on Thursday.
This morning we all received an email from the seller's realtor that she will likely not be out until Tuesday, and we'd better hold off on scheduling anything more until after that as she needs a few days to finish cleaning up her things. Also, we are told by the realtor, "I have to be very careful as she's very emotional."
The actual 30 days will be up on July 20th. I'm so sick and tired of this run-around and total lack of timely communication, and change of plans.
Is there anything we can do to get her out of there? Any recourse at all with her continual lack of communication?
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.
Yes, as someone said, every place I know of she's your tenant now in the home you own. You hold her deposit. She pays her rent to you, making her check out to you. You have the lease agreement with her. You are her landlord. If she remains after July 30, you go to court, not her realtor or your realtor. And you begin the process to evict her. Needless to say, I don't like rent backs.
Do make sure you hold her deposit until you check everything in the house, that everything is in good working order as it was when she became your tenant and that everything that was to convey conveys.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
