Tenant still in house 1 week before closing

[Tina Bo]

We are purchasing a home that we intend to live in as our primary residence (we have two other investment homes out of state so it's not our first rodeo). We are purchasing the home through the seller and her agent, however the seller is in default and has been issued with at least two NOS's. She has enough equity in the home to sell it before the bank takes it to auction. She has been renting out rooms to various people. Our contract stipulates that  the house must be vacant 5 days before closing, and the selling agent asked for a 45-day closing to give the tenants enough time/notice. However, closing is one week from today and a few days ago we learned that there is still one tenant who has not moved out. We are extremely concerned, as the house needs termite, structural, and additional work before we can move in -- we have contractors lined up as soon as possible after closing, because our apartment lease is up in a few weeks so we will HAVE to move in at that point. Basically, the timing all depends on closing happening when it was originally supposed to happen. What options do we have for getting this tenant out of the house ASAP? This person is not on a fixed-term lease. We will absolutely NOT close the deal with someone still living in the house. We are in California which probably doesn't help things for us buyers. Thank you!

[Aaron K.]

You could try cash for keys by offering them $1,000 or $2,000 to move, you might even be able to convince the seller to pay for this.  Second option would be to extend your escrow by 15 days, because I believe that a month to month tenant is required to be given 60 days notice in CA not 45 at that point if they still occupy the property you have a couple options, extend escrow while the seller goes through with an eviction or walk away and find something else.  If you need a place to stay try the extended stay america depending on what part of CA you are in it may even be a little cheaper than renting.