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xia0000s · May 23, 2012, 02:10 PM

We are trying to buy a shortsale house in Florida which is currently occupied by a tenant and her 6-yr old son. The tenant does not have a lease with the current owner. We are trying to get her move out before the closing date, but doesn't seem promising. She claimed she has no money to move out.

We really like the house and would like to close within two weeks. If the tenant will not move out before the closing date, how difficult it is to evict her afterwards? What is the procedure? What would be her category, tenant or squatter or what? How long will the eviction take? And How much will it cost?

Thanks!

potbunny · May 23, 2012, 02:25 PM

Well you could take her to court to get an eviction but she could not show up. It would be a hassle. Here is what I suggest, have the owner give her a 24 hour notice that he will be doing some renovtions on his house the next day and needs to get in. this gives him legal right to be in the house. If she doesn't answer the door use the key. Once inside tell her that he neds to do some electrical socket repair, have him drill through the wall above an electrical socket and drill the wiring, thus making unsafe to live in the house. Have him cut a small square of drywall around where he drilled and pull out the insulation around the wire. Tell her she needs to move out immediately because there is a strong electrical fire risk.from there it is easy she will ave to move out since it could pose a risk to her kid and if she doesn't call child safety services . They will get her out. From there it is a fifteen dollar fix. A little drastic but it works wonderfully especially if the tenant has a kid!

AK lawyer · May 23, 2012, 02:31 PM

Originally Posted by potbunny

Well u could take her to court to get an eviction but she could not show up. it would be a hassle. here is what i suggest, have the owner give her a 24 hour notice that he will be doing some renovtions on his house the next day and needs to get in. this gives him legal right to be in the house. if she doesnt answer the door use the key. once inside tell her that he neds to do some electrical socket repair, have him drill through the wall above an electrical socket and drill the wiring, thus making unsafe to live in the house. have him cut a small square of drywall around where he drilled and pull out the insulation around the wire. tell her she needs to move out immediatley because there is a strong electrical fire risk.from there it is easy she will hut it works wonderfully especially if the tenant has a kid!ave to move out since it could pose a risk to her kid and if she doesnt call child safety services . they will get her out. from there it is a fifteen dollar fix. a little drastic b

Do this, and face a lawsuit for wrongful ouster!

No. You will have to give her notice to move out within the period provided by statute in your jurisdiction (15 days in Florida). It is doubtful that you can do this until you have closed on the sale and are actually the owner. If she fails to do move after having received due notice, you will then have to take her to court for eviction.

Fortunately for you, it is a short sale and not a foreclosure. Had it been a foreclosure, you would have had to give her a 90 day notice (if she didn't have a lease).

ScottGem · May 23, 2012, 02:44 PM

I think AK mean a foreclosure rather than an eviction.

And I agree that potbunny's advice would constitute an illegal eviction.

What has been done to get her out? If she does not have a lease, the current owner can give her a 14 date vacate notice. If she doesn't vacate, then he goes to court for an eviction order. With luck she should be out within 4-6 weeks. If you wait until after closing, then you have to start from then. Better to make sure she knows you are serious and will evict her if necessary.

AK lawyer · May 23, 2012, 02:48 PM

Originally Posted by ScottGem

I think AK mean a foreclosure rather than an eviction. ...

Yes. I did. Thanks.

I have corrected the previous post by underlining the corrections.