[KOOLKITTIES103]

First, let me say this is a wonderful site! I have gone back about 50 pages, and not quite found my situation.
I am buying a house (in Missouri) that is currently rented. The contract is contingent on the renters being moved out of the house because I intend to live in it.
The present owner did NOT give renters notice when I made my offer.
The offer was made May 27, and accepted by him on May 29. Contract says final signing will be on July 15, contingent on renters being out. (Gave them plenty of time to move.)
I went by the house on June 25th. The renters had not been informed they needed to move.
About 2 days later the owner finally gave them formal notice.
We extended the signing until July 21.
My question is: If we sign on the 21st, and the renters are still there, do I have to then give them a 30 day notice, a 3 day, or does the original still count?
They ARE trying to move, but having a hard time finding something. And MY lease is up the end of July with no possibility of staying longer.
The house needs work done before we can really move in, which is why I can't really give them any more time.

[rockinmommy]

Well, a couple of question to help fill in the blanks?

Are the tenants month-to-month or were they somewhere in the middle of a lease? If they were in a lease the notice may not even be "legal".

What date did the owner give them the notice, how long was it for, and do you have a copy of it?

Basically when you buy a property any leases or notices or legal proceedings pass down to you. So if they're in a lease, you have to honor it. If he's given them notice, the same notice carries down to you. Assuming the notice was legal, once the time has passed you would then need to issue them a 3 day notice (or whatever your lease and/or state law allows for). Then after that time's up you would proceed with an eviction suit.

HTH

[KOOLKITTIES103]

They're on a month-to-month. So I guess what I'm asking is if it starts over with me on signing.

[JudyKayTee]

Well, a couple of question to help fill in the blanks?

Are the tenants month-to-month or were they somewhere in the middle of a lease? If they were in a lease the notice may not even be "legal".

What date did the owner give them the notice, how long was it for, and do you have a copy of it?

Basically when you buy a property any leases or notices or legal proceedings pass down to you. So if they're in a lease, you have to honor it. If he's given them notice, the same notice carries down to you. Assuming the notice was legal, once the time has passed you would then need to issue them a 3 day notice (or whatever your lease and/or state law allows for). Then after that time's up you would proceed with an eviction suit.

HTH

Agree, as always - I also wonder why if the contract requires that the present owner evict the tenants (or otherwise get them out) the responsibility has shifted to the buyer.

There's a contract which addresses this specifically - I wouldn't go around its terms.

[rockinmommy]

[QUOTE=JudyKayTee]Agree, as always - I also wonder why if the contract requires that the present owner evict the tenants (or otherwise get them out) the responsibility has shifted to the buyer.

[QUOTE]

She doesn't have to take on the responsibility. She could refuse to close since he hasn't fulfilled his obligation. She just has to decide whether it's worth it to go through with the sale and then deal with the tenants, or walk away altogether if he doesn't take care of business.

It's actually fairly common. The new buyer wants the tenants gone before they'll close, but the seller is afraid to give them notice because they might stop paying rent (also common once notice is given). Or if the sale should fall through for some other reason then they're stuck with a non-rented property.

As always, she could close and then go after him for damages such as her expenses for lodging until the tenants are out, etc. But she'd have to weigh if it's worth the time, expense, and how likely she'd be to get a judgement and actually collect.

[rockinmommy]

They're on a month-to-month. So I guess what I'm asking is if it starts over with me on signing.

No, it shouldn't start over. The 30 day notice he gave them should still apply. Make sure you obtain a copy of it. If, on the 31st day, they're not out give them a 3 day notice to vacate. (Or whatever the length of time is in MO.) Then if they don't get out you go to the JP or magistrate or whoever handles your local evictions and file an eviction suit.

One other little tip. The seller should pay you prorated rent for any days that he's collected rent for that the tenants will still be there once you take possession. (Did that make sense?) AND, if you get the property with them still in it make sure he passes the security deposit on to you. It will be your responsibility to return it to them. (Make sure you know the time limits and what you're allowed to deduct for.) These dollar amounts should be included on your HUD 1 closing statement. Check with your realtor. You may need to make an adendum to the contract and have him to sign it. It's a more than reasonable request since he hasn't held up his end of the bargain thus far.

[JudyKayTee]

[QUOTE=rockinmommy][QUOTE=JudyKayTee]Agree, as always - I also wonder why if the contract requires that the present owner evict the tenants (or otherwise get them out) the responsibility has shifted to the buyer.

She doesn't have to take on the responsibility. She could refuse to close since he hasn't fulfilled his obligation. She just has to decide whether it's worth it to go through with the sale and then deal with the tenants, or walk away altogether if he doesn't take care of business.

It's actually fairly common. The new buyer wants the tenants gone before they'll close, but the seller is afraid to give them notice because they might stop paying rent (also common once notice is given). Or if the sale should fall through for some other reason then they're stuck with a non-rented property.

As always, she could close and then go after him for damages such as her expenses for lodging until the tenants are out, etc. But she'd have to weigh if it's worth the time, expense, and how likely she'd be to get a judgement and actually collect.

I was thinking more of having her Attorney write, insisting that he must act or default on the contract. Put the seller in the position of buying out the tenants.

[Fr_Chuck]

** you should not sign and buy it until they are out, if for example they knock holes in the walls, or scratch the floor or break the door what are you going to do, since now YOUR renters are damaging your home.

If you wait to close till they are out then if there is damage you can renegotiate the price to pay for the damage.

Also what if after notice they still just don't move, you have to go to court and get a legal eviction which again buys them time.

Tell the current owner that you may not be buying it, since they can't get them out, and if after a certain date, you will have to get a lower price on the home to make up for your expenses.

[KOOLKITTIES103]

Thank you, all. I know where I stand now, and have a basis to make a decision. This IS a wonderful site!