Hold-over Tenant in Georgia

[Luke Simonetti]

A couple of days ago we purchased a flip in Gwinnett County. This was not a short sale, REO or a foreclosure. Upon a walk through before closing, we discovered the occupants are still there.

The purchase & sales agreement stated that "buyer shall obtain possession at closing - property shall be free of all tenants & occupants as well as personal property".

The mother of the family owned the property; she lives in Michigan. Her children (2 of them) currently live at the property (ages in mid 20's).

We closed on the property, and drafted a contract with the wholesaler (Who was the POA for the out-of-state owner AND is a family friend of theirs) to delay disbursement of assignment-fee funds until the property is vacant.

The occupants said they would be moving out by this weekend. Now they're saying it may be at the end of the month, though they claim they got approved to move into an apartment, etc etc..  

I want to post a Notice to Quit or a Demand of Possession, but I'm afraid that will imply we have a tenant-landlord relationship. It also can imply that they owe us rent. Neither are technically true. (There is no written or verbal lease in place since it is the children of the mother who owns the property; it's just family members).

Aside from the advice of "seek a real estate attorney", what is the best next step for us?

Any advice is appreciated!