My husband and I just bought our first home. We closed on April 10th. A contract was signed to give them 30 days after closing to be out. May 10th is fast approaching, and the previous owner says hes not going to be out, we've even offered him a few extra days..he wants a few weeks. We just can't do that for him. Its our house. I have no idea what to do. Can we have the sheriff escort them out, or can we go to our attorney and set up something for them to pay us rent? Someone let me know!
2007-05-06 16:40:50 · 5 answers · asked by SaraMc 2 in Business & Finance ➔ Renting & Real Estate
Sara, don't dilly dally with the jug-head. File suit immediately for unlawful detainer action against him for possession of your home, just as if you were a landlord and he was your tenant.
File small claims against him for holding over, and against the selling & listing real estate offices to the maximum law allows in your state for each individual company. Armed with this summons, these RE offices will get that squatter out and pay for it them selves and take it out of there commessions, just to get rid of the suit.
Making this a point 'on record' in your County is enough to aggravate the tenant that when he goes to close his own escrow again...all owed to you by the Courts will come out of his escrow and it will be a clout on his record for credit.
2007-05-06 18:14:51 · answer #1 · answered by ticketoride04 5 · 1⤊ 0⤋
It's fairly standard for a seller who stays after closing to pay rent - I'm surprised that wasn't already in the agreement, but anything is negotiable, it's not a legal requirement.
If you are OK with them staying the extra time if they pay you rent, then figure out an amount that you think is fair, and tell them that - they're probably expecting it. You don't need an attorney for that. If they still say they're staying, but refuse to pay rent, then contacting an attorney would be a good idea.
2007-05-06 23:52:52 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
Go back to the broker who arranged closing. See if they will get involved , other wise a lawyer to draw up a rental agreement , it should be a very high fee per week to cover your costs if you were planning on moving in .
If you stick to the original date the local police may be able to act to have them removed.
It would have been better to defer closing until they were out.
2007-05-06 23:53:09 · answer #3 · answered by mark 6 · 1⤊ 0⤋
You should consult your attorney. Laws vary from state to state.
2007-05-06 23:51:24 · answer #4 · answered by TURBOSC 3 · 0⤊ 0⤋
I agree with Ticketor
2007-05-07 01:41:56 · answer #5 · answered by (A) 7 · 1⤊ 0⤋