Advice - horrible ex owner!!?

Question

We have purchased a house (the sale completes and its ours today!!!!!) the previous owner came across to see us last night and said that he wanted to "rent" the garage at the bottom of the property from us.

He wants to rent this for free for six months.

When I pointed out that I have stuff to go in the garage he said mmm well there is only one set of keys. I told him I would have to get my husband to look at his "contract" (its not a contract just a written agreement) that he wanted us to sign. I only did this as I don't want him to delay the sale. I did NOT sign. We don't want him to delay the sale any longer, he has been a complete idiot the entire time we have been buying his house, offered absolutely no negotiation on price, refused to move when we wanted and lied all the way through.

Personally I am going to wait until the house is legally ours (approx 12 today!!!!) and then tell him to get all of his stuff out the garage so he cannot delay the sale. What would you do?

We are buying the house through the usual methods - ie using a solicitor and we are entitled to vacant possession.

The ex owner is horrible - he only ever approaches me when my husband is not around and won't talk to my husband about anything.

Answer 1

Once the house is legally yours you could either :

a) Keep whatever is in the garage, not sure on legalities but if you change the locks then if he forces entry into the garage you can have him done for burglary.

b) Start charging rent from the moment you become the owner & refuse to hand anything over until he pays.

c) Dump everything out in the street once the sale is completed, if it gets nicked, its his own fault.

d) Tell your husband to go round and have 'words' with him and sort it out.

SIGN NOTHING and in no circumstances give him the garage for free.

Answer 2

He has no right to your garage and most likely has an obligation to go somewhere which will make him move. At this point, he can do little to take the house "away", or to cause any delays as escrow will close in a matter of hours and therefore all the papers and signed.

I would tell him no, wait if you feel more comfortable..or tell him he can rent the garage but charge him a ridiculous amount of $$...

Answer 3

There is no need to do anything for the ex seller once the property is transferred to your name unless so stipulated in the original agreement however, in the doctrine of merger theory if the instruments at closing do not reflect certain terms of the original agreement then those terms are deemed merged into the closing instruments. If that sounds too technical have your husband tell him that it's ok for him to store in your garage as long as he can store all the discarded used tires from the local tire dealer in the ex-seller's bedroom until your husband can use the garage again.
On a serious note if you deem that his approaching you might be with bad intentions report him to your local police.

Answer 4

The guy is a prick, and a control freak. You are going to have problems with this person, I can tell you now.

Change the locks, not just on the garage but also change every lock ON THE HOUSE because he will still have keys, I can guarantee.

This person is harrassing you- can't you see that? If he approaches you again, have a quiet word with the neighbourhood "community policeman". Get your story in first, because this person is going to cause trouble in future. As I'm sure you already instinctively know.

Answer 5

He sounds like a peach of a guy to have to deal with.

Here's what you do... if he doesn't turn over the keys like he's obligated to do once the house is yours, you get a locksmith to change the locks on the garage. Anything left in that garage is yours to do with as you please.

No way in hell would I let the guy anywhere near my family again. Issue a trespass notice to him as soon as you sign the papers. If he wanted to stay, he should have thought about that before he put the house up for sale.

Hubby says: Make sure your realtor does the pre-purchase walk through with you before you go to settlement. Technically everything of his should be off the property before it goes to settlement. If not it goes with the home.

Answer 6

once the sale is complete and the house is legally yours....tell him to go take a flying leap from a tall building.

Or better yet...tell him that you are willing to rent the garage space to him, but that since the house is now yours and not his..YOU get to dictate the terms of the rental contract....then give him a "rental contract" where the terms he must agree to are ridiculously high (ex $2000 per month just for a part of the garage space you are not using) LOL

I bet he walks away and never bothers you again!!!

Answer 7

I would tell this guy to clear all of his junk before I closed on the house. Once you close, everything in the house belongs to you.

--or--

Tell him that you will not rent the garage to him for anything less than $1000 per month payable in advance.

Answer 8

My brother buys and sells houses, he fixes them up.. the one condition that he ALWAYS puts in the contract, is that the house must be empty or the sale will not go through. no junk, no furniture you think he might like cuz yer too lazy or too cheap to have it removed NUTTIN.. Sign nothing, and put his stuff on the street if he refuses.. Change the locks immediately.

Answer 9

Talk to your lawyer. The contract should stipulate that the seller gives you "vacant possession" of the property. It should also have a clause stipulating what are your rights if the seller does not vacate the premises. Happened to me - I had some of the goods sold to pay for the removal of teh others.

Answer 10

Your dealing with the worst kind. A freaking hillbilly. If you are buying a piece of property without an attorney, you are making a mistake. Are you sure you want this piece of property this bad?
Dont sign your name to anything until you have an attorney look over the contract.