Check out some similar questions!

cookie3 · Aug 28, 2007, 07:51 AM

I found a house I loved and am planning on buying it. The problem is, I found this house 2 months ago towards the beginning of July. While I was first looking at the house, the realtor told me the tenants were being evicted. I submitted an offer on the house, and it was accepted. 2 days after the offer was accepted, I was called and told that the tenants weren't being evicted now, and that their lease was still good until the end of September. 3 times since then my realtors called me and said the landlords were going to evict them, and then at the last second, decided not to. The last time this happened they did this, they had taken the tenants to court to evict them, but the tenants had come up with some money at the last second. So although these tenants let their dogs poop all over the floor in the basement and they don't take care of the house AT ALL, they still get to live there and damage the house for another month while I have to wait. And I was told by their landlord that I don't get their deposit money to fix the house either, and that he's going to need it to pay for his "court costs" and isn't going to even use it for the house. Is this fair?

Emland · Aug 28, 2007, 07:54 AM

Have you closed, yet?

cookie3 · Aug 28, 2007, 07:58 AM

No, I haven't closed yet, only because every time I get everything lined up after they say they're being evicted, they turn around and change their minds. And since I'm renting the place I'm living now, I can't afford to be paying rent for a dump and a mortgage for a nice place that someone else gets to live in.

GravitonX · Aug 28, 2007, 08:57 AM

Unfortunately, in your case, all leases transfer with the property. If there was a eviction case in place, it can be rescinded, even after a writ of restitution is obtained on the part of the property owner if he or she accepts any amount of payment towards rent.

The case here appears that you had been misled through a combination of ignorance (on the part of your realtor) and broken promises (of which you may be hardpressed to prove if you seek a damages suit).

The other problem is that you may still be on the hook for purchasing the house - unless you have a clause in your purchase agreement for the home to be vacant at the time of closing. It looks like you may have to wait until September, post a 30day notice to vacate, file the eviction (Forcible Entry and Detainer form) after the 30 days, wait for the court date, show up and get your writ of restitution (right to take back the property), and possibly arrange thereafter for a physical set-out.

If it makes you feel better, it not uncommon for this type of situation to occur when a new prospective home owner wants to buy a property occupied by a tenant.

ScottGem · Aug 28, 2007, 08:58 AM

Ok, first, you need to get an atty. You need to write into the contract, that the owner is responsbile for removing the tenant at the end of the lease or before and cleaning the property. That you will not close on the property until its vacated and cleaned. That on closing, if the house has not been cleaned and repaired, you will place a portion of your purchase price into escrow to cover the costs of cleaning.