All Forum Posts by: Tina Bo

Update: We learned that one tenant will be out 2 days before closing and the other was saying they would be out a week AFTER closing, and that the seller would make an offer to the latter tenant to try and get them to leave sooner. We decided to "play hard ball" as @Thomas S. suggested, told our agent that we were not interested in extending the closing and we would seriously consider walking away if we couldn't get an empty house by the 30th. Once our agent passed this information along, we quickly received a verbal confirmation that all tenants would be out before the 30th. We have a strong suspicion that the seller and her boyfriend have been playing games with everyone from the beginning, and I'm hoping our "playing hardball" called them out on it. We are signing loan papers this evening. I'm still concerned, as a "verbal confirmation" certainly doesn't prevent things from changing, but we're hoping that if we move the closing process along swiftly that will put pressure on the sellers' end to move these people out ASAP. Still preparing for the worst and hoping for the best. What recourse would we have if things changed over the next week?

@Thomas S. Thank you for your insight. We are new to the area ourselves and do not have the connections or funds for a lawyer, unless it becomes absolutely necessary.  We are open to the idea of legal counsel, but have not had any trouble until this point in the process. Our agent has been competent and knowledgeable, and we understand that both he and the selling agent want to close this deal ASAP. We are just a young married couple looking to buy a home.

I appreciate your insight on what we should consider saying when the time comes to play hard ball - and it is approaching quickly. And to clarify my comment, I said "try" to get the tenant out, because that I'm sure that is not a guaranteed solution. If the person doesn't want to take the offer, there isn't much we can do to force them to do so. At that point, we will consider looking into legal counsel. 

There was just an update, my husband spoke to our agent and was very firm that we were not interested in taking on a a tenant. The seller and the selling agent are going to try the cash for keys option on their end to try to get this person to leave. I hope that it goes smoothly, as it is out of our control for now. It seems like they also aren't confident he/she will leave accordingly, so they are being proactive.  

@Aaron K. Thank you, those are important questions that we will need to have answers for... before we get to that point. Excellent food for thought that we will discuss between ourselves and with our agent over the next couple of days so we are prepared. (I already know the answer to #2... we'd just have to wait. Hopefully we don't get stuck at the Extended Stay America with our stuff in storage - I will be very angry!) Very grateful for your help and insights as I prepare for the worst and hope for the best.

@Mike Cumbie Thank you so much for your advice. I'm actually trying to do a lot of information gathering in order to come up with some kind of backup plan, as I'm 100% sure that we will not be closing until all tenants are gone - that's just not something we are willing to deal with. If we have to give the tenant a full 60 days' notice, that will put us right up to the end of our apartment lease. I will just have to cancel/postpone all of the work we are doing until then, and we'll have to move in during the work. Inconvenient and a PITA for sure, but at least we will get the house with just a few weeks delay. I do like the cash for keys option, however our agent is also concerned that the other tenants who have already agreed to leave will find out and then they will demand cash. I'm also trying to find out if they have left yet or if they are also staying until the last minute. We are willing to put up some money to resolve this, as we've already invested a lot in this property and we are under deadlines of our own. However, there are limits, of course. 

@Aaron K. I agree, I didn't think this was the case, but this seller is very unconventional and does not do anything by the book - which, long story short, has led to her being in all of this trouble. I don't think she even bothered to draw up legal documents with these tenants, but we are working on getting that confirmed with her agent. These are definitely lower-income individuals, so I understand that the options are very limited.  However, we are not a charity and we are not willing to take them on. We are really hoping that if eviction becomes necessary, the seller and her agent will be responsible. The property is in Long Beach. Rents are rising quickly here. Again, THANK YOU so much for your time and insights!

Thank you so much for your insights! I do understand that we still have a few more days, but I'm trying to assume the worst here, because I am not confident that this person will be out in time. The selling agent made a big speech when I met her last week about how people who rent rooms typically don't have much money (no kidding). Plus, our area is very hot right now, the rental market is very expensive. I really don't think they would have the means to just find another place and leave. I also understand that at least a few of her tenants were very unhappy about the situation and were not afraid to let the seller know.

Thank you, Aaron. It is my understanding that in CA, the 60-day notice applies only if the tenant has been living in the property for more than a year. If less than that, the notice is 30 days, correct? I am still trying to find out from seller/selling agent how long this person has been living in the home. (Communications with seller are difficult as she claims she doesn't have a phone or e-mail. Major eye-roll there.) 

We originally asked for a 30-day closing, but the selling agent asked to extend it to 45 in order to give tenants notice. That was fine with us. But now, I am very curious as to why the selling agent asked for 45 days til closing, instead of 60, if they knew that at least one tenant would need a full 60-days notice. We want to make the selling agent responsible for all of the inconvenience and hardship that would occur for us if they do need the full 60-days, as this would be their mistake, not ours.  Of course the seller will claim she has no money. (More eye-rolling.)

We are purchasing a home that we intend to live in as our primary residence (we have two other investment homes out of state so it's not our first rodeo). We are purchasing the home through the seller and her agent, however the seller is in default and has been issued with at least two NOS's. She has enough equity in the home to sell it before the bank takes it to auction. She has been renting out rooms to various people. Our contract stipulates that  the house must be vacant 5 days before closing, and the selling agent asked for a 45-day closing to give the tenants enough time/notice. However, closing is one week from today and a few days ago we learned that there is still one tenant who has not moved out. We are extremely concerned, as the house needs termite, structural, and additional work before we can move in -- we have contractors lined up as soon as possible after closing, because our apartment lease is up in a few weeks so we will HAVE to move in at that point. Basically, the timing all depends on closing happening when it was originally supposed to happen. What options do we have for getting this tenant out of the house ASAP? This person is not on a fixed-term lease. We will absolutely NOT close the deal with someone still living in the house. We are in California which probably doesn't help things for us buyers. Thank you!