just bought a house and the previous owners have not moved out and the 30 day period to leave has expired, no papers have been signed allowing them to stay any longer than the 30 days. What can I do to get them to move out now? I live in the usa and the state of Arkansas.
2007-12-24 12:24:25 · 9 answers · asked by meabobcat 1 in Business & Finance ➔ Renting & Real Estate
This is why you NEVER agree to allow sellers occupy a property after closing.
As a Realtor, I make my clients sign a separate document that I had an attorney to draw up, if they insist on going that route, that they are doing so against my advice...that is how serious that is.
Here is what you now have to do:
1. You can't call the cops. Legally, the day you closed on the house, you became a landlord. You now have to go to court to evict the "tenants" which can take another 30 to 60 days.
You can sue for breach of contract, but you CANNOT SUE for rental payments...b/c you DID NOT have a pay-rent agreement.
2. Your house is most likely at this time uninsured. The "tenants" don't own the property..so their insurance became null and void the day of closing. Yours was given to YOU to allow you to close, and YOUR insurance company believed you were going to be LIVING there. You can't get full-coverage insurance on a rental (yes, it doesn't matter if you received rent or not...it's a legal rental the day you closed...no matter HOW TEMPORARY).
3. Any damages that they do to the property, they can now claim were there when you originally saw the property for purchase.
4. Because you have already closed, don't expect the property to be left in move-in condition...you have essentially voided any leverage that you had before, by closing on the home.
You see why this is a big deal to allow someone to stay after closing?
Did you have a Realtor representing YOU? If you did, I would call them up and say, "Hey, you recommended this arrangement, now help me get out of it." That's their job.
If you didn't have YOU OWN Realtor...now you know why you should have got one.
2007-12-24 22:01:25 · answer #1 · answered by Expert8675309 7 · 0⤊ 0⤋
You will have to start an eviction process. I have no idea how long it takes in Arkansas to conclude an eviction. Let this be a lesson for the future. You do NOT close on a property until it meets your approval, and that includes whether or not the property is occupied. At the very moment you agree to allow a previous owner to stay, you assume the role of a landlord, and all the rules of landlord/tenant in your state take over.
2007-12-25 08:37:40 · answer #2 · answered by acermill 7 · 1⤊ 0⤋
I don't know about Arkansas, but in California you have to go through a regular eviction process which can take up to Three months or longer. This is the reason that the house should be vacant at the closing.
2007-12-25 03:22:42 · answer #3 · answered by peter n 3 · 0⤊ 1⤋
Check with the laws in Arkansas. Normally you have to file an eviction notice... process can take 60-90 days.
~jennifer
2007-12-24 22:20:06 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Sorry but the rule is simple; they have become
a non-payment tenant.
I can't tell if you must evict them without
reading your sales-purchase contract.
do not call the cops--YET; wasteful.
you give them a notice to leave--in this
case, not pay or leave but instead,
leave. Go to court immediately and get a
judgment against them--actually for
trespass!
Within 1 week, you will obtain a judgment
and you take that to the SHERIFF.
THE sheriff will meet you at the house
and you will want to have a locksmith there.
---
just before doing this, you might want to find
out why they stayed; perhaps their house
they were moving to is not ready.
That their future house is not ready is
not your concern but it can help to walk
in their shoes.
I am assuming you did not use
a RE agent in your sale.
I do not understand why you let them stay
even 30 days.
is that in your purchase contract?
IF i were you, I would politely ask them
why they think they are not trespassing
and give them a chance to respond.
Sometimes, the seller's plans change
or are interrupted and everything snowballs
negatively.
find out!
get back to me!
2007-12-24 22:40:30 · answer #5 · answered by kemperk 7 · 1⤊ 1⤋
Wow, they do things backwards in Arkansas....everywhere else the seller is out at closing these days, for just this reason. Call your attorney!
2007-12-24 23:44:57 · answer #6 · answered by Anonymous · 2⤊ 1⤋
you need to read Arkansas law on possession and tenancy of real property. google will find it.
***
I know that in Texas, you'd have to petition a judge for an eviction order.
2007-12-24 20:28:55 · answer #7 · answered by Spock (rhp) 7 · 0⤊ 1⤋
I would call the local Sheriff's office and also try to get rent for the days they overstayed, if that would be attainable and not result in too many legal fees.
2007-12-24 20:41:05 · answer #8 · answered by Matt K 4 · 1⤊ 1⤋
Call the cops, they are technically breaking and entering. Or if you want to be nice, ask your real estate agent to talk to them. Or send them a bill for rent! By the day
2007-12-24 20:27:45 · answer #9 · answered by KneeKnee 5 · 1⤊ 1⤋