Post Closing Agreement

[Juan Flores]

At the closing of an investment property, the seller signed an agreement to follow through the eviction of a tenant 15 days after closing.  The seller had already a signed agreement with the tenant on a move out date.  I asked that the seller sign an agreement with me that he will own the eviction process if the tenant doesn't leave and that if the tenant is not out in those 15 (rent free days) the seller, would owe me $75.00 per day for as long as he took to evict the tenant thereafter.

My question is, would this agreement hold up if I need to take this to court? 

[Patti Robertson]

I don't know your state law, but if the tenant is not an attorney can they represent you in court?  In Virginia an attorney or a licensed agent who is a property manager for the owner can represent them in court against a tenant, but someone who is neither an attorney or the licensed PM would not be allowed to.  Did you have the seller sign an assignment of lease agreement?  If so, then that should transfer the authority to you to file based on the tenant's failure to adhere to lease terms.