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I will try to make this very short, but it is very convuluted and complex.
ok, actually it isn't....all the backstory is irrelevant.
Quote:
Originally Posted by East Texas Property Owner
We have a house in Dallas, we put it on the market several years ago because we were moving. The house did not sell in 6 months, so we decided to just rent it to cover the mortgage. Leased the house for one year with the stipulation that after a year the house would be put back on the market or the tenant would have the option to buy. Fast Forward 5 yrs. We did not renew the lease, we have gone month-to-month for the past 4 yrs. Renter is pretty good about paying rent. Last year sent a certified letter stating that we were going to put the house on the market. We also gave the tenant the option to buy the house outright. The tenant calls us and states that she would love to buy the house. This is where is gets sticky. It took us from May until September to finally get a signed contract. That should have been the first signal. Had title problems due to fact that the title company did not file of record the release of lien to the seller. The title company has since closed and we could not find the funding documents. Of course I am paying a mortgage, so our bank should easily come up with these documents. No, it took over 7 weeks to get correct documents filed of record. OK, yay, we are ready to close. Call the tenant at the end of December, everything is ready at the Title Co. when is good for you to close. Tenant says that she is leaving town the next day and won't return for 3 weeks. OK, lets schedule closing for end of January. She says maybe she will get back to us on a good date. That should have been the second signal. OK, she gets back into town, we call her all week to verify the date is good for everyone. Send emails, texts and calls from us and the title company. Finally, the day that we decide to close she sends us a long text saying that she has decided to not buy the house. She has a business opportunity out of the country that she cannot pass up. Well, you can't really fault her for that. I would jump at the opportunity. She says that she will move out now if we want her to. But she probably won't be leaving until June. Fine. Stay, no problem. But, we let her know that day we would put the house on the market ASAP. Spoke to a realtor and signed a contract a couple of weeks later for them to list the house. Everyone is happy. House doesn't even go on the market, real estate agent shows the house to an investor, we get an offer. Just like that in two weeks. Yay us! But we have tried to contact the tenant, who is out of town again. We texted a notice to vacate, emailed a notice to vacate and sent a certified letter notice to vacate. Crickets...she will not respond. We have been so patient. We have given her every opportunity to respond. IT is clearly stated that she has to be out of the house on the day of closing, which is a 30 days notice. She is acting like she is put out and that she is entitled to something. I don't know what she expects, she basically led us on for months. I am so worried that the day of closing she is going to be out of town again and all of her belongings will still be in the house. I know that we cannot take possession of her belongings. But is there any kind of warnings we can send her to make her realize that she HAS to be out on the day of closing? What protection do we have? What happens if the buyer backs out because the tenant won't budge?
You have month to month tenant who you want to vacate before the closing date. That's it.
Your length of time in market or the fact that she almost bought the house are completely irrelevant.
Yes, all of the advice helped. Sent her another certified letter that stated what we expected and what her contract reads and if we did not receive a response we would assume that she agreed with everything. Sure enough, that very day she miraculously called us to discuss her moving arrangements.
Well, more like a frigid passive agressive conversation about what she was and wasn't going to do, but hey, she gets the point and is getting out of the house...that is all we asked for!
I think sending her a copy of the rental contract she signed helped our cause because she realized we were serious about holding her responsible for any damages she might cause.
Yes, all of the advice helped. Sent her another certified letter that stated what we expected and what her contract reads and if we did not receive a response we would assume that she agreed with everything. Sure enough, that very day she miraculously called us to discuss her moving arrangements.
Well, more like a frigid passive agressive conversation about what she was and wasn't going to do, but hey, she gets the point and is getting out of the house...that is all we asked for!
I think sending her a copy of the rental contract she signed helped our cause because she realized we were serious about holding her responsible for any damages she might cause.
May I suggest that it would be wise to get some of that frigid passive aggressive conversation agreed to in writing? Maybe send her an email detailing the conversation and ask for her to confirm it by sending an email back.
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