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We learned they were renters when in price negotiations. They want the house, we're given the right to first refusal and declined based on $$. We were told repeatedly that there wouldn't be any problems. Their lease expired, and there wasn't any reason to think they would stay.
By not being able to close until house is vacant is being protected. Otherwise, we would be forced into closing and inheriting squatter renters that would potentially destroy the house. Now, we can at least leave and protect our finances.
We learned they were renters when in price negotiations. They want the house, we're given the right to first refusal and declined based on $$. We were told repeatedly that there wouldn't be any problems. Their lease expired, and there wasn't any reason to think they would stay.
Always a big mistake to make such an assumption. All I can add is to reiterate that there are laws in place to protect both landlords and tenants but with the glut of evictions and landlord tenant disputes clogging up the court system, you'd best be very sure to learn about documentation and procedures. Make one error or one assumption in the process and you're back to square one and at the end of the line. I'm sure neither the owner of this property nor the realtor were sufficiently experienced to deal with a tenant who'd done some homework.
Last edited by STT Resident; 05-13-2012 at 06:43 AM..
If their lease simply expired and it was expected by all they would move out...then how in the world did they get $30k in arrears? Something doesn't add up. They had to be living there free for many months prior to closing to get that far in arrears.
Sounds like the seller (current landlord) was an incompetent landlord and did not begin eviction proceedings soon enough and let them continue to stay month after month even when they were not paying rent. I suppose there were excuses and promises coming from the tenant and landlord was gulible and set "lines in the sand" for pay dates and those dates would come and go with new excuses from the tenant. A good landlord starts proceedings quickly when rent is not paid because they know the end result could be a non-paying tenant that is good with promises and nothing more.
In some states you can get the tenant out in a month or less. Me thinks the real issue for OP is NOT the state laws for evictions...but rather a landlord that let things get out of hand.
Rent was $5,000 a month. They didn't pay rent Feb, Mar, and April. They are living there now, so add May. There was a per day late fee. They went to court about 10 days ago. It was the earliest date they could get. Won the judgement. Waiting for the forced eviction and lock out.
The landlord will have to pay to remove and store their property per state law. Ridiculous.
We are protected and cannot close until the house is vacant and secure. The buyers of our home know exactly what is going on and signed for an open ended closing date. If this house falls through, we lose the house and our current home. We only put our place (which we love) on the market when our offer was accepted. It just sucks. Their lease expired. They have no money. They need to leave. Everything is suffering because of the delay, and it is causing a huge stress in our family. We don't know what is going through these people's minds.
My guess is either they have no where to go or they are making the most of the situation.
In either case, offering an incentive to expedite their move and not further damaging the property could be very pragmatic on your part.
I meet people everyday that have been offered cash for keys... it is well known and the amounts vary greatly... from an offer of a full return of Security Deposit to thousands of dollars.
Met a woman yesterday that accepted $4000 plus security as a lease buy-out from the lender when her landlord stopped paying the mortgage.
I had to pay our tenants to move out after the judge gave them an exit date. they werent out by that date.
As former landlords, i would never ever do it again. Most landlords are good landlords.
If I was your sellers, I would have gone to court after the first late month. Then things would have maybe been timed better. Here in suffolk co (NY), it takes 3-4 months for the sherriff to put the 72 hour notice on the door. Plus $1500 cash. Then they are not back in 72 hours ; they cannot possibly because of the backlog.
Does anybody know the history regarding eviction laws and why they favor the tenant? Of course, I understand that there are some crappy landlords out there who are just bad. What about situations in which tenants just don't pay rent. Or they don't leave when their lease is up?
I also don't get why landlords have to pay to move abandoned property, store it, etc. That is ridiculous.
We are trying to close on our new home. The renters living there haven't paid rent for many months (about $30,000 in rental arrears and fees). Their lease has expired, and they just won't leave. It has gone to court, now we are waiting for the warrant for posession. We were supposed to close over a week ago. It is seriously screwing up our selling our home. It is really screwing up everything, but the law protects them. Just don't get it.
Tell me how non paying renters is our fault. The house went on the market, we put an offer in. It was accepted and now the renters wont leave. We had nothing to do with it.
Tell me how non paying renters is our fault. The house went on the market, we put an offer in. It was accepted and now the renters wont leave. We had nothing to do with it.
I wouldn't say it's your fault other then to say it should not come as a surprise.
People are digging in more then ever today and the courts are backed-up... it is not hard to game the system and contingencies are part of the process.
Seldom does anything go as planned and foreclosures, short sales, etc... have a history of being the most difficult.
Now for the question. My wife and I would like to move into the colonial house after a total remodel. We don't have the money for that so we would need a mortage. In order to do that we need the property in our name. How can we go about getting the property into our name?
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lol...
