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    ccollins's Avatar
    ccollins Posts: 2, Reputation: 1
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    #1

    Aug 28, 2010, 08:55 AM
    Does landlord have any rights when tenant won't leave if he is selling the house?
    We moved to Florida 4 years ago. We lived in a 2 family house in MA which we rented out when we moved. We put the house up for sale this May and informed the tenants we were doing so. We were lucky and got a buyer right away. Our tenants are at will (no lease month to month). We gave them a 30 day notice by certified mail. The 2nd floor moved out with children and found an apt. The first floor who is a single woman has not. We sent a realtor down to help her find a new place. She looked at 30 places and refused them all. They were in her budget not a problem. We offered to put her up and pay for her storage. She still refused. We believe she has done this before. We are now in danger of losing the sale. WE are down to the last 15 days of an extension we had asked for from the buyer. I am retired and receive a small amount from SS my wife just lost her job this week. We are desperate now to sell because we have no income coming in. Our lawyer seems indifferent. We asked him to move forward with an eviction, which we still do not know is going to happen. Do we have any rights at all? Can this woman really stay in our house for free?? She has not paid us any rent and we now are left with mortagage payments too. Any help would be appreciated.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 28, 2010, 08:57 AM

    Yes, you have a legal remedy and that is to evict her according to State law. You already have an attorney and that's who needs to file the papers on your behalf.

    Have you approached the buyer, advising that the tenant is being evicted?

    She can stay in your house for free unless/until you evict her. It's (unfortunately) that simple.
    ccollins's Avatar
    ccollins Posts: 2, Reputation: 1
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    #3

    Aug 28, 2010, 09:12 AM
    Quote Originally Posted by judykaytee View Post
    yes, you have a legal remedy and that is to evict her according to state law. You already have an attorney and that's who needs to file the papers on your behalf.

    Have you approached the buyer, advising that the tenant is being evicted?

    She can stay in your house for free unless/until you evict her. It's (unfortunately) that simple.

    Thanks appreciate the response.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 28, 2010, 09:24 AM

    I'd be on the phone with the Attorney as we speak - minimally, opening of business on Monday.

    The holiday weekend isn't going to help your time frame, either.
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