I bought a foreclosed home with a tenant in it, he will not allow me to have an inspector inspect property?!?

Question

I need to buy property insurance for my new home purchase, and the tenant will not answer his phone, the door, or respond to allowing me to set up a time to make a meeting time for a property inspector to inspect the house for property insurance. What do I do?

Wayne Brooks · Answer

Which county/city are you in? Post notice on the door that you are going to inspect/change locks with a specific day, and "contact me at this number to obtain the new key".

Dean Letfus · Answer

Why can;t you insure it? I insure on the day I buy it. It can take a month or more to get an old owner out. Why on earth do they need an inspection? Get a better insurer might be the place to start!

Bill Gulley · Answer

You have a right to inspect with reasonable notice. Get your closing docs. Ask the local police dept. for an off duty cop, you pay them directly to assist you with anything that is lawful, you could have them escort you to the theater if you paid them. Go there and serve them with the eviction notice for default JUST AS JON suggested. Inspect it and leave, get your insurance. (I do like the idea of looking for another Ins Co.). The cop might cost $100 for the hour or for service, throw that on the costs of collection. Don't accept rents from that guy at this time, you want him gone! Let the judge tell him to pay damages. I'd make it clear to the guy what road you're taking and allow him an easy way out or he can choose the hard way. Don't make threats, just state the facts of how it will go down. BTW, fed law allows a tenant to stay up to six month after foreclosure, but only if they abide by the lease, it's not a free ride, so toss him out! Good luck :)

Joe Delia · Answer

GET A LAWYER

Jon Holdman · Answer

You have a default lease. You have a tenant. There's no written lease, so you're governed by FL law. There's is some notice period specified in the law for getting them out. You give notice the lease is being terminate. If they don't leave, then you start the eviction process. If they persist in not leaving, then, eventually, you will get a court order giving you possession. Don't know the exact procedure there. Here, a deputy would accompany you to do a "set out". You would bring a crew of people and would move all their stuff onto the sidewalk and change the locks. The deputy doesn't help, he's just there to keep the peace. But you said "He has a lease for the next 4 months ". Assuming that lease is valid, then it may well still be in effect. Leases normally stay in place when you buy a property. About the only exception is a sheriff's foreclosure sale. That can wipe out some leases. Less so with protections that have been put in place recently. But you said auction.com, so that's not your situation. Hopefully, the attorney can give you some solid advice as to exactly how to proceed. Hopefully, you bought the house cheap enough to make all this hassle worthwhile.

Jenna H. · Answer

Florida laws for eviction are if the tenant doesn't pay or doesn't abide by his lease. I do not have a lease with the tenant. How do I get him out?! Attorney appointment tomorrow...

Ibrahim Hughes · Answer

I like Wayne Brooks' idea. And after I got him on the phone I'd let him know that if he didn't let me in he'd be evicted. And once an eviction is on his jacket it will be very difficult for him to find a decent apartment elsewhere. Once he cooperates then go with the 'cash for keys idea'. Or.....as Jon Holdman says "GET A LAWYER!"

Jon Holdman · Answer

Combined new posts into existing thread. I'll repeat my previous advice: GET A LAWYER!

Sergio B. · Answer

I spoke with my lawyer for a similar situation , before getting on a deal ( I am still waiting for the bank by the way). He mentioned it will be $400 for fees and $1000 for him and that the eviction process last at most 3 months. I am also in Florida....before hanging out the paralegal ( a lady that knows more or at least the same as the lawyer) told me i can do it own my own. Have you tried cash for keys? I advice to start the eviction process and at the same time offer cash for keys, good luck!

Jenna H. · Answer

I recently purchased an occupied home from auction.com. In order to get property insurance, I must have the home inspected. The tenant "doesn't believe" I own the home, and after serving him a 24 hour notice to enter for inspection, I was told that I will be trespassed from the property... Is this possible? Also, the bank previously served him a notice to vacate over 6 months ago. I plan on living in this home as my primary residence. Do I have to give him another 90 day notice to vacate? The law in my state for evictions is for the tenant to either not pay rent or if they don't comply with their lease. He has a lease for the next 4 months which is completely tenant sided and most likely made up with the help of the previous owner. Am I also eligible to receive prorated rent on the home since I signed the contract a week after the beginning of the month? Ugh, such a headache!