Seller is Squatting - Need Advice

[Adam Reynolds]

Hi BP,

My business partner and I are in need of some advice and we're hoping y'all can help. We are out-of-state BRRR investors in Kansas City and recently closed escrow on an off-market SFR there. We closed on 3/31 and made the mistake of not getting the seller out of the home prior to close. He is now dragging his feet. At first, his story was that the bank put a hold on the funds from the sale and he needed that money in order to pay the deposit and rent for his next home. Now, as our property manager was heading to the house to meet him and pick up the keys, he texted her that he has come into contact with a COVID-19 positive patient and he needs to quarantine for 14 days, which he intends to do at the house. He is very clearly taking advantage of the situation.

So obviously we've learned our lesson and will require sellers to vacate the premises prior to the close of escrow moving forward. However, we need to figure out how to get this guy out of the house. Since he isn't technically a tenant, do tenant laws apply to him or is he simply trespassing at this point? Can we call the police and have him removed or do we need to go through the eviction process? Any advice would be greatly appreciated. Thanks in advance.

[James Wise]

Originally posted by @Chris Seveney:

@Adam Reynolds

I would call cops as he is not a tenant. Problem is cops probably won’t do anything especially if he tells them he has covid - they will just leave.

Unfortunately he is very much a tenant. He's got the same rights as any tenant who you've placed in the property. You're going to have to go through the legal eviction process. Issue is you can't do that at the moment due to all the courts putting a halt on eviction proceedings. So you're just going to have to wait it out. Once the halt is lifted evict this jagoff.