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Old 06-07-2009, 12:47 PM
 
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Ok we are suppose to close soon on a home we are in contract. The sellers stated, as well as the contract that the house will be delivered vacant. Now one of the tenants are not leaving. We are in NYC and was wondering if we go ahead with the closing, will we have a hard time getting them evicted?
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Old 06-07-2009, 01:07 PM
 
Location: Central Florida
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I highly recommend you seek legal advice from an attorney in this case. If you close and the tenant has not moved out, you might just find yourself in a tenant dispute.
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Old 06-07-2009, 01:11 PM
 
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NYC is famous for favoring tenants rights. I wouldn't close until they are gone. It can take years to get tenants evicted in NY.
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Old 06-07-2009, 02:22 PM
 
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yea we were thinking the same thing but really do not want to lose this house. The tenant has no lease. Do you think it would take years to get him out?
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Old 06-07-2009, 07:59 PM
 
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Who would you lose the house to? Most prospective buyers would not want a house that has a tenant issue. This needs to be the seller's problems as I assume the seller wants to sell it. If you close on this home, this may become your problem and it's certainly not the kind of problem that has a definite quick resolution, like fixing a few things here and there.

Things like tenants not wanting to leave can be a huge headache. Even more of a pain if it's a single parent with kids and no money. Imagine if you finally get to evict them and they are so angry they destroy your home. I can imagine many scenarios none of which I would want want to have to deal with. I've got enough regular problems.

Like another poster suggested, get professional advice from a good lawyer.
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Old 06-08-2009, 07:01 AM
 
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Quote:
Originally Posted by loveleelatina View Post
yea we were thinking the same thing but really do not want to lose this house. The tenant has no lease. Do you think it would take years to get him out?
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.
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Old 06-09-2009, 07:29 AM
 
Location: Palm Coast, Fl
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Quote:
Originally Posted by fopt65 View Post
NYC is famous for favoring tenants rights. I wouldn't close until they are gone. It can take years to get tenants evicted in NY.
BIG TIME. Get an attorney to advise you immediately...truly. NY is, as stated above, a tenant state and no it doesn't matter that they are there without a written lease. It can cost a fortune.
Everyone buying, regardless of the state, needs to be careful if tenants are in the property. Laws are now on the books to protect tenants regardless of your state laws when it involves the sale of property with tenants in it.
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Old 06-09-2009, 08:50 AM
 
Location: Just south of Denver since 1989
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You might try a cash for keys offer. - a quicker, cheaper, and less brain damage option.
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Old 06-09-2009, 08:37 PM
 
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Originally Posted by 2bindenver View Post
You might try a cash for keys offer. - a quicker, cheaper, and less brain damage option.
We are planning to do that, just dont know how much we should offer. Im really hoping they do not let it get to the point of an eviction.
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Old 06-09-2009, 08:55 PM
 
Location: Palm Coast, Fl
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I think the seller should do that before you close....'cause if they don't get out before you close, you're stuck with them and there is nothing to say they will actually follow through.
But...again...do what your attorney tells you to do. NY is an attorney state...follow his/her advice.
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