In Contract - Eviction - Before closing

[Sujith Kakulamarri]

I have situation and need suggestions.  I have my first investment property (4 units in Frankfort, KY) under contract due to close in 10 days. Now

Seller realtor sent message to my realtor: "Seller said units 3 & 4 haven't paid January rent yet. How does your client want him to handle that? Evict them or just keep trying to collect? With Christmas last month, I'd say they're just broke and maybe they could get caught up... IDK.."

My reply: "I would act based on, what they are saying. Are they planning to pay along with FEB rent ? or with in a week ? Get something in writing with a set date after which they have to evict."

Seller  realtor response : "He said he doesn't think they're going to pay for January. The problem is, if he starts the eviction process and then we close on the property, the property is yours. MAYBE they'll pay for February after we close when you let them know who to make the checks out to. My client just wanted to let all parties know what was going on and will do whatever you want him to do."

In my initial offer, I requested to allow me to survey current tenants but seller denied under pretext not to disturb tenants. I still went ahead and signed contract, as I knew all units we occupied. Deal is not very great but better then the comparative sales. 

I am lost, any suggestion please ? 

[Wayne Brooks]

Well, I'm guessing your contract doesn't allow you back out because of this.  I'd have them start the eviction, assuming you'd be allowed to continue them as new owner.  I assume you know how much deposit the tenants have, and make sure any forfeitures would go to you.