Hi everyone! My husband and I have been investing for the past few years and are currently selling our house hack duplex that will basically give us a huge capital boost in our ability to acquire more serious properties. We are very nervous because the house is in the wonderful state of NY which many of you may know is not landlord friendly. Our tenant's lease is good through end of October 2022, but the buyers want the house vacant for their own use so we offered a very sweet cash for keys agreement to our tenants which they signed, took the cash, and agreed to move out by June 28th. Our closing is scheduled for on or about June 30th 2022. They have stopped paying rent for May and June and are problem tenants in general. My main concern is that they will take our cash and not move out. If they don't move out, they will kill the deal we have under contract for purchase and set us back huge! Our purchase contract on the next property is contingent on the sale of this house. I have two questions, 1. If the tenants don't move out and we don't close, can we at least get our deposit back since the purchase contract is contingent on the sale of our duplex? 2. Can we sue the tenant for damages and get our cash for keys money back successfully in the state of NY? The communities feedback and any other advise on this situation is highly appreciated. Thank you!
