At that point you can fill out the Writ of Possession form and send that to the court (with $37 check) and the sheriffs office will call you within 30 days to schedule an eviction date.

We have a property where a long-term tenant is 14% below the other rents in the building - he was 25% below market when we took possession.

And, the buyer may give 10 days notice and move to settlement any time over the term of the agreement.Now, let's agree that if all amounts to escrow were deposited as agreed and the buyer fails to close, that the seller then agrees to extend the contract for like term with the requirement of continued escrows being contributed at the same rate as originally scheduledOh, let's go ahead and give the buyer possession prior to closing, with an additional deposit they can move in and pay rents.So, what we have is a lot like an installment agreement, but not really in some aspects;There is no note, no financial obligation created.

@Ali Boone - Are you saying any funds I give to my parter would have to stay in his possession for 4-6 months before we can make a move?

I wouldn't waste my time insisting they get it done before closing, but I would factor in the cost of eviction and fixing the unit up once you get possession.

One is a lease that gives the tenant possession of the house.

When new owner gets possession on 05/22/14, will he be required to pay 6 months of HOA, utilities dues?

If there is a lag in when they are going to take possession we would have deposit and signed lease and then get first months rent a month prior.

It's also very hard to sell a property if a tenant is not cooperating or is not a good housekeeper.Your mother could seller finance her undivided one third interest as well, giving you the right of possession, pay a note payment to her and rents to the others.You can seller finance this as it is between closely related parties in connection with an estate settlement.

You/your buyer won't get possession til they die.