Purchasing First deal, tenant supposed to be evicted

[James Short]

I'm purchasing my first deal, it a duplex and the owners say it will be delivered empty. One side is a family member that is moving out but the other side is a hold over tenant that the current owners started to evict march of 2020 but then COVID happened and they have been stuck with this non paying tenant that has been working the whole time. They were adamant that the tenant will be evicted on Sept 15 and the sheriff well carry out the eviction within 24 hours.

I'm hoping that the new governors plan to extend the eviction moratorium does not affect my deal. I hope they don't extend the moratorium either because you know they won't let it expire in January either, whose going to let landlord evict all those people in the middle of winter.

[Bob Reinhard]

The current potential extension to Jan 15 is thought to suffer the same constitutional deficiencies as the old. Sadly, no crystal ball here.

Much success.

Bob

[James Short]

Well I have not closed on this property yet, the sellers were very sure that their non paying tenant would be evicted on September 15th with the Sheriff tossing them out the following day. I had my realtor check into the status of the eviction and all we heard were crickets... So there's a few more weeks before closing, I guess we'll see what happens before then. The owners promised a vacant duplex and I believe neither side has vacated yet. 

[Jason Brand]

Interesting that the second side didn't vacate yet, though I imagine they know they don't really need to leave until the tenant that is going to be evicted is out. 

Good luck! 

[James Short]

Originally posted by @Jason Brand:

Interesting that the second side didn't vacate yet, though I imagine they know they don't really need to leave until the tenant that is going to be evicted is out. 

Good luck! 

I spoke to my lawyer and I believe he said the the person was to be moved out by the end of October. I guess when I looked at the place in August and the owners told me there aunt was moving out, I didn't think they meant in 2 months. They didn't mention that part either. As far as the nonpaying hold over tenant, my lawyer is trying to get more information on what is happening because them telling us that she is still there and that they are still working on it doesn't really tell us much and the mortgage company won’t clear to close until there are no leases on the building.

[Andrew P.]

@James Short

Very common scenario in Brooklyn/Queens. In reality they cant be evicted because of morathorium in place. Tenants protected well in NY. What happen to me owner pay tenant year upfront to move out because we was not been able to close the deal. 10 months not paying rent if he would listen from begining he could save year of headache and get better price as well.

So move on to the next proprty, dont waste time!

[James Short]

@Andrew Postolovsky the sellers just tried to move forward with the closing so I ended up canceling the contract because I got laid off from my job so the lender wouldn’t give me a loan either.

[Alecia Prigmore]

3 months later  I'm curious what happened?