I'm in escrow to buy a house where the tenants (not owners) are still in occupancy. We were told by Listing Agent that tenants would move out by 6/30, but tenant just told me today that they're having trouble finding a new home and are hoping to get out by 7/15/15. There's no lease agrmt in place bc Seller let lease expire in 2008 and tenants are now on verbal month-to-month. Tenants have been living there for 7 yrs and have never been late. Tenants were given Notice of Termination of Tenancy on 4/10 with 90 days to terminate. In the Purchase Agrmt, I agreed to let tenant rent property until the end of the 90 days, which would be 7/10/15. I want tenants out asap. How do I protect myself if tenants don't get out by 7/15 as they've mentioned? What agreements & terms must I have in place?
There normally are terms in your escrow which require the current owner to turn over possession of the premises in order to effectuate the closing of escrow. It is difficult to give additional information regarding your particular situation without the opportunity to review your relevant documents. Speak to a local attorney.
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Since there is a written 90 day termination notice, if the tenant does not vacate at the expiration of the 90 days, you would need to file an unlawful detainer (eviction) case against the tenant in court. An eviction case typically takes anywhere from 1-3 months to remove the tenant from the property.
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Take a look at your contract. If your agent used the standard CAR residential purchase agreement and did not modify anything regarding the current occupant the default provision states that the home will be vacant 5 days prior to the close of escrow.
If you have modified this clause then you may need to evict them or even allow them to remain depending on what language was in your contract.
Please consult or retain a lawyer for your particular issue.
Your dilemma is a hot topic at meetings of the North Bay Realtors group. There are a bunch of issues and questions I see in your fact pattern. There are different solutions, "depending."
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