Bank won't close with tenant in house

[Louis Cavallaro]

Hey everyone, I wish I had posted in here earlier and maybe I could have avoided the below issue, but here is where I am now:

 I'm in the process of purchasing my first home, which is a duplex. Both units currently rented month to month.

I was supposed to close Nov 30th (or earlier as the seller wants), and my rate its locked in until Dec 18. My contract with the seller is good until Dec 15th.

The loan is from a local bank which hold their own notes, so I could do 15% down with no PMI and a great rate. They only do owner-occupied, not investments, which is what I want as I need a place to live anyways (at least for the first year).

Back to the current tenants that are month to month. The seller told me the first floor tenant was leaving soon, likely December but wasn't completely sure. I had thought, perhaps incorrectly from google searches, that I had 30-60 days before I needed to occupy the house and therefore remove this tenant. So I was not worried about them being in there a few weeks after I closed.

This Tuesday, Nov 3, I received a call from the bank that the underwriter is requiring a signed document that the tenant's lease will be terminated and that they will be OUT of the house BEFORE closing or they will not transfer title. 

Now if they told me this two days earlier I could have had the seller give the tenant 30 days. Their lease agreement is a 30 day notice on or before the monthly renewal/rent date. So now a 30 day notice does not start until Dec 1 even if given today, having them out by Jan 1. (Plus tenant is an attorney).

My realtor has contacted the listing agent to see what they can work out but its been two days and the listing agent has not gotten back to getting a bit nervous. 

Possible solutions:

*Tenant/seller sign to have tenant leave by Jan 1 and take that to the underwriter in hopes that will satisfy requirement and let me close Nov 30 (loan officer says it won't likely work but that she'd deliver the document to underwriter if we did it)

*The tenant agrees to leave by the December 15 contract date, possibly with financial incentive for having to do 2 moves and possibly storing furniture if his next lease doesn't start until Jan 1

*Request to extend contract to Jan 1 with seller which they could reject, plus RESTART loan process and forfeit money into the loan so far (loan originator won't extend the date of Dec 18 even though she didn't tell us about the vacant requirement on day 1 when I applied (3 weeks ago)). 

Even if I did know the requirement on day 1, if I were the seller I would not want to terminate a lease early because if my loan fell through they'd be out rent and back at square one trying to sell the property.

Has anyone has an experience like this or have any advice or ideas on how to solve this?