How to Get Tenants Out After a Wholesale - A Recurring Problem

[Burt L.]

I recently wholesaled a property that has three months on the lease to run. The property is in Colorado and a lease does survive a change in ownership.

As for myself, I've been fully paid and explained to the buyer that the tenants might not move until the three moths expire on the lease. He is in a real estate group with me, and I would like to help get the tenants out so the project can be completed and still sold this fall.

The tenants have been offered an extra months rent to leave early, and have not accepted the offer. The complicating factor is that although the lease specifically states that there is a security deposit of two months rent ($2,200 total), the tenants were told verbally they could use this amount for their last two months rent, leaving zero security deposit at move-out time.

The lease is not written this way, and provides for eviction seven days after a missed payment. I have also offered to return the security deposit - no questions asked about damages- plus the extra months rent, for a total of $3,300.

I know see why they are declining, as they believe they have made their last rent payment and are not concerned about having any security deposit left. The lease does not state this.

I wonder how others would proceed on this. Perhaps a letter from an attorney offering clarification? The seller is flying here from out of state, in two days, to clean out the garage and get his car out. Perhaps he could make a presentation to the tenants and clarify as well. Happy to give him a few hundred dollars for the conversation too. I went through the transaction believing that what was in the lease was accurate. I did not do a "tenant estoppel" on a single family home.

This all seems to be an ongoing problem - getting tenants out -absent this specific lease conflict, when working with absentee owners.