house to be delivered vacant tenant wont leave

[dreamfollower]

Just from personal experience in having to evict tenants in NYC, I am going to assume that the legal process in your situation is the same as for Landlord/Tenant. Unless they leave of their own volition or with a payout, you are banking on 6-9 months of court time and the leniency that is typical in NY for Tenants. And my experience was with tenants who had no lease in place and still it took this much time. Just because you are the new owner of this house does not make a difference. And if they have small children, the court really dishes the dirt your way.

The other major concern is the condition that your "new" home will be in after they leave. Yikes! Though you may be the owner, you do not have any right to enter the premises unless they let you in. Count on repairs when they leave and false claims for injury while on your property.

I would not continue with the purchase unless they are OUT. It is the seller's responsibility; and if it is a bank owned property, either the bank or the listing agent always pays them to leave.

You need an attorney which specializes in Landlord/Tenant law, but I would not even go that far. I would just get my deposit back and walk away. The aggravation and frustration in dealing with a miserable trespasser {oops, I mean tenant} along with his best pal, the Landlord/Tenant Court in NYC, is a NIGHTMARE!

[Lanlor2]

Originally Posted by NSHL10

Yes. Add in the legal fees needed to get him evicted, and the house doesn't seem to be such a bargain after all.

The sellers are in violation of the contract. Don't buy the house with the tenant still in it. You'll be sorry.

Very interesting! I'm on the other side selling my house and just started trying to evict a tenant who has
been there 24 years-23 without a lease. Could it really take that long and be a hassle? I don't want to lose the deal and was considering offering them money to leave fast. But they won't go so easily with similar housing in their comfort zone scarce and they may fight it in NY court. How much could the legal fees end up being and how much should I consider offering?
Any ideas?

[oregonwoodsmoke]

You are the buyer. Tell the seller you won't close until the house is vacant. Let the seller give the tenant cash for keys to get out. He'll figure out how to get rid of the tenant if he wants to sell the house.

If he thinks he can pass the tenant on to you, then he will. Let him know that is not going to happen.

[NilaJones]

Originally Posted by oregonwoodsmoke

You are the buyer. Tell the seller you won't close until the house is vacant. Let the seller give the tenant cash for keys to get out. He'll figure out how to get rid of the tenant if he wants to sell the house.

If he thinks he can pass the tenant on to you, then he will. Let him know that is not going to happen.

I agree.

I would not make any decisions on a sticky case like this until talking to a lawyer. And I would not close until the house was shipshape -- tenants out, and repairs and cleanup done or bids received and money allocated for those at closing.

Ask the lawyer if there is any harm in you talking directly to the tenants. Sometimes problems are easy to solve if you actually talk to the person face to face. I do not mean threatening them -- I mean asking them what they need. And ask the lawyer if it is illegal to bribe them to leave. If not, get the seller to offer them relo costs, not you .

BTW, threatening people, which I'm sure you would not consider anyway, is probably illegal. Don't go there.