New House - Tenant Won't Vacate

[Erin Speer]

Hi Everyone!

My name is Erin and my fiancé and I just bought our first home in Layton, Utah. We did a short-term lease back to the seller so that the tenants currently in the property could stay until the end of their lease, September 30th. Now that the 30th is right around the corner I have been trying to coordinate the transition with my realtor and the current property manager however, this has proven to be difficult. The property manager says the tenant continuously avoids him and will only speak with him when the tenant is asking to speak with me, the new homeowner (not sure if it is a good idea to speak with the tenant directly or not). When I drive by the house it doesn't look like the tenant is making any progress towards moving out either. 

I am starting to worry that the tenant is not going to vacate the property by the end of their lease. If anyone has been in a similar situation or has any advice on how to handle this should my nightmare be true it would be greatly appreciated. Thank you!

[Ken Dunn]

Hi Erin - sorry to hear you are having difficulties with the tenant. 

I would review your purchase agreement to see if the current owner made any guarantees about handing the property over to you vacant. It would be ideal if the current owner or his property mgr would handle this for you.

I would also get a copy of the current lease for your records/review.

You may want to discuss with a lawyer about what recourse you have with the seller. Just the mention of a lawyer may light a fire for the owner/property manager to make corrections ASAP.

The property manager should be well versed in evictions. If the tenant stays past the term of their lease they would be what’s known as a “Holdover Tenant”.

You can research online about how to handle a holdover tenant.

You may end up having to evict them and also file a separate suit for damages/cost of not being able to move into your new home - like staying in a hotel or having to put your belongings in storage.

Another option could be “Cash for Keys” where you or the current owner agree to give $1,000 (or some other amount) for the tenant to sign a legal agreement stating they will move out by X date. They should leave the property empty and “broom swept”. Obviously, they get the cash when they hand you the keys. You then immediately change the locks and secure the property.

This may sound crazy, but if you add up the inconvenience of your situation, plus the costs of eviction, plus costs I mentioned earlier, plus the increased probability that the tenant will damage the property out of spite….it makes Cash for Keys sound more palatable. I would insist that the current owner pay for this since it is not your fault they failed to get their tenant out.

Hope this helps and hope you and your fiancé get to enjoy your new home in the coming days.

Best regards,

Ken