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Purchased a home with a tenant, with seller assuring us tenant would be out but they are not
Anonymous4 views4 answers
We closed on a house that the seller had assured us the tenant would be out before closing. Two days before closing, they said the tenant needed 3 extra days to get out and we agreed. The day before closing they said there was a mix up and the tenant would be out the following Friday. Everyone assured us there would be no issue so we agreed. The seller did sign an addendum stating they'd pay us a prorated rent for the time the tenant is there. It's now 2 days before they are supposed to be out and we are hearing they might not be leaving on Friday now. I know we will need to contact a lawyer about serving them an eviction notice if they aren't out on Friday, but my question is, since the seller signed the addendum and haven't give us possession of the home, are the sellers still responsible?
Your rights in this situation could and may have been modified by the specific language of the sales agreement and addenda, but if there was no written agreement by the Seller to be responsible for the tenant holding over, the problem is yours. As you have stated, you need to serve the tenants with a notice to quit and be prepared to follow up with a suit for possession if necessary.
The language in the documents will determine your rights and who is responsible. If the seller signed an addendum saying they would pay a per diem amount for each day the renters remain, I hope some money was held back at closing by the title company to make sure you get paid. Not only do you not have the use of your new home, you may be incurring the expense of delaying the move. That could include attorneys fees for an eviction. Does the addendum cover those expenses? Are the renters on a month-to-month basis or did they have a lease? That could also be an issue to address. You need to have the documents reviewed by a real estate attorney asap, so you can move quickly to get the renters out. The sooner the Notice To Quit is sent to the renters, the sooner the clock really starts ticking for them to get out. Good luck!
The only thing I can add to emphasize the written agreement between the parties, the seller and you, is that you amended your agreement and thereafter allowed for the closing to proceed and consummate. You are pretty much final with the arrangement of seller and buyer. The remedy, as pointed out, is to commence your eviction action against the occupant.
Generally the Sellers are responsible but it depends upon the specifics of the purchase agreement and the addendum ... I suggest you contact an attorney to review all of the documents forthwith..
