Did you actually close on this house?

I'm learning on this forum and every state has very different laws and customs. In New york state we specified on the offer that the renter had to be out by the closing date. With a renter sometimes things said verbally are binding and sometimes not. What does your attorney say?

I close on the house the 30th don't have a lawyer yet.

I would get an attorney immediately and make sure it is specified that the seller must get the person out BEFORE you close.

If the person is still there on closing you will have to follow the legal procedures for your area to evict the person. It is a long process but it can be done. In the mean time do not believe for a minute anything the renter says.

I won an eviction in court against a tenant. Thankfully the tenant (who knew I won) moved out before the US marshals served the notice.

A friend of mine had her home foreclosed on. She was allowed to stay until the closing. The house was sold at auction. The bank served an eviction notice to make sure she was out before the closing. She was cooperating completely so it was not an issue.

Around here it is very hard to evict someone. They can cry to the judge that they have no where else to go.... on and on... I know people who actually will pay a tenant to leave. You don't want to be in this situation.

Again each state/area is different but I would get an attorney now.

Only thing that matters is law. Find out the legal notice required, give that in writing when you own the property. In my state, 60 days would be required.

Do not talk to the renter. Communicate in writing only when you know the law. First you need to have a legal interest in the property, right now you are not the owner. Remember this is a business transaction, don't have friendly casual conversations.

Thanks a lot for the info tomorrow I talk to a lawyer about it.

You really do need to check the laws in your state. In some states, if the tenant has a lease, the new owner cannot make the tenant leave before the lease is up. They can, however, refuse to renew the lease.

If the tenant is month-to-month, you might only have to give them 30 days notice.

But in other states, a new owner can remove a tenant when they purchase the property.

And some states have a different set of laws for foreclosures.

So the lawyer is really your best bet.

Don't feel too bad about the tenant. He had to have known the house was on the market and being shown. Therefore, he knew that he might have to vacate the property with, I'm guessing, as little as 30 days notice. So it is his problem if he didn't make plans to deal with that situation.

Your right Camlan

I want to live there after I close not wait and this could end up in a mess! if I let him stay there for any amount of time if he is that type of person and dose not want to leave,so I'l end it right now before it starts.

What does your sales contract say. Does it say that the property will be vacant upon closing? Make it very clear to the seller (bank) that you will not close until the house is vacant.

As mentioned above don't have any contact with the tenant!

It sounds as if the bank has already given proper notice to the tenant. This is their problem. Don't make it yours by closing before property is vacant!

You don't need a lawyer unless you want to spend money for no reason. Get a writ of possession or eviction notice from the court. Some states want to give tenants 90 day notice. I have not seen a renter overstaying after the eviction notice has been issued.

I agree about the attorney, I wouldn't pay one to find basic legal requirements. The bank already gave him notice. Find out the requirement, DO NOT TALK TO THE TENANT AGAIN. If the bank gave him 30 days, I'm guessing that is sufficient in your area. But then again, the bank is not in the landlord business. What state and county is the property in? You can probably find the information online. I just evicted a tenant, I was fine as I reviewed all the legal requirements.

I don't think that the OP needs to even think about how and when to evict a tenant, as there should be no tenant when the OP takes possession! Do NOT close on this property until it is vacant!

You don't own this house, and you don't know if the house would be closed as your plan. For any issues, the tenant should communicate to the bank who is the owner.

Here an attorney is required to close and it is money well spent. I agree you should not have to evict the tenant. Don't close until they are out.

I found the eviction process very stressful and overwhelming. I went through it without an attorney and will never do that again. Here it is complicated.

Also, insist on a preclosing inspection. My first house I didn't ask for it and walked into a colasped ceiling and other issues after closing. Our attorney got the seller to fix and pay for repairs. The last purchase of a rental property, we had the pre closing inspection and it was fine except the evicted tenant left junk appliances in the driveway. At closing (30 min later). My attorney told the sellers attorney that the appliances had to be removed to close. Phone calls were made and someone cleaned it up.

Sometimes your attorney can be your best friend.

It depends on your state. Some states it's extremely difficult and a lengthy process to get a tenant out if they're not cooperating.

Stop talking to the tenant, get a lawyer, and refuse to close unless the property is vacant.