I'm buying a house, sister of the seller is living there now, and she does not want to move.?

Question

We have told her we are buying the house, and giving them all 45 days after closing. What can we do to be sure they are out before that time comes.

Answer 1

Man you are generous. I can almost guarantee that if you used Realtors they advised you strongly against it. You should have taken their advice.
1.Get a lease signed before you close with agreed to payment-up front to include security deposits.
2. Get a complete inventory of everything that is supposed to remain with the sale of the home.
3. Contingency plan if the house is damaged.
4. Contingency plan if the sister don't want to leave after 45 days. You WILL have to go to court.
5. What if said sister burns down your house? Who is responsible? What if said sister breaks any appliances, windows, water heaters etc..etc....
I advise against this and it is to your benefit to have them gone before you close, if the laws in your state allow it. Do a final walk through to make sure it is up to same conditions as when you inspected the home. You may sound like a hard nosed buyers, but you will have less complaints after wards. The sellers will understand.

Answer 2

Well, I wouldn't have done that. Insisting that the 'renter' be out before or on closing is the best was to proceed. If the sister doesn't move, it becomes your responsibility to evict her - and this could prove to be costly.
Is there a rental agreement in place for that 45 days, damage deposit required, are the sellers willing to 'foot the bill' to have the sister removed if she doesn't go?
Talk to your realtor or better yet, a real estate attorney, this could turn into a real mess with you holding the bag.

Answer 3

The house is not legally yours until you sign on the dotted line at closing. If there is no contingency clause in the contract and the people are still living there they are trespassing. If you have it written that they can stay 45 days, then they can stay 45 days. On day 46 you can call the sheriff and they can escort them out. It's very generous of you to let them stay that long. Since they appear to be potential trouble, I probably wouldn't be so "understanding."

Answer 4

IF the tenant is not out when you legally take possession of the property, then you must start a legal eviction process. You should have written a monthly rental fee amount into the original contract IF the renter has not vacated by the date, then you start charging at that rate. The seller should be held liable for that amount if their tenant does not vacate the premises. If you cannot alter the contract, then you will have to pay for the eviction costs yourself. You need a good reason to evict the tenant & it must be done in writing & certified mail to prove that you have served them notice to vacate. If not, then you can be sued by this woman.

Answer 5

It all depends on her status in the residence. In WA if she is a resident of the house (paying rent, receiving mail, helping with food...whatever) she has standing. As soon as the papers are signed, you have to start eviction papers on any resident that does not move willingly.

Contact an attorney in any case and negotiate the cost of evicting the sister off the selling price of the house.

Answer 6

If you haven't already signed the sales contract, make the contract contingent on the sister moving out within thirty days. Other than that, if she doesn't move your probably looking at eviction. Have the current owners send her a certified letter telling her to move out by closing date. If she refuses you can evict which will cost about $1,500.00 and about 10 business days (in Florida).

Answer 7

You can't do anything until after 45 days. The law gives her 45 days. After that I would contact the closing lawyer and ask about your options. My friend moved on the 45th day. I know, it is terrible. His uhaul was in the driveway and the guy moving in had a uhaul in the driveway. It was a mess.

Answer 8

You really need to see a lawyer about this. You should probably have a lawyer supervise the contracts and all anyway. Once you close the sale, the house is yours and you can evict. The cops can "escort" them from the house.

Answer 9

If U bought the house , U can call police and free the house , its legal. And yes , better talk whit a lawyer

Answer 10

you cannot be sure until the time comes. one would hope you've given notice in writing. 3 copies; one hand delivered, one certified mail, and one posted on the front door. then at least you're covered legally. may need to get the sheriff to supervise.