I’m interested in putting an offer for a home. But the tenants who are renting it refuse to leave. According to the agent, they have not paid rent in a year and are still awaiting to get a court ordered date to vacate.
I signed a contract stating “home needs to be vacant upon escrow” meaning they need to be gone. However, I’m not sure how far long they are in the court process.
But if my offered gets accepted, how will it be ensured they leave?
They have to be formally evicted, either by the current owner or by you. Unless you’re acquiring this property at an extraordinary discount that factors in your time (possibly a year+), expenses, and potential damage/repairs, this is generally regarded as a very poor decision to inherit junk tenants. Does your offer have an expiration? No one can guarantee the tenants will be evicted by the expiration, and your money will be tied up in the meantime. There’s almost no situation where it’s a good idea to submit this kind of offer.
Please don’t do this. You would be taking on a landlords worst nightmare. Just because you have written into the offer that they must be gone doesn’t mean they will be. If they haven’t left so far then they’re not leaving because the place has been sold. If the seller had been able to easily evict them they would be gone by now. Some states have landlord tenant laws that favor the tenant so much that it can take a very long time to get them out. The tenants are not going to let you into the property so forget an inspection and there’s an excellent chance that they’ve totally trashed the place out of spite. Also unless you’re an all cash investor ( I don’t think even an infester would touch this one) you would be buying a no cash return property. There’s more. I just can’t stress enough how much this is a total dumpster fire that you need to walk away from.
This isn’t how it works at all. If the house has to be delivered empty, it’s verified empty before closing, not after closing. You would do a walk-through of the property before closing. Possibly even getting inspections and stuff done for closing.
a year? no rent?
how to be ensured they leave is, go in the house and see. you have right of a final walkthrough before closing.
if they aren’t, get your earnest back and find another house. in this situation i would play the odds and move on to a different house personally
If it were me, I’d 100% back out now. Tell them to call you as soon as the property is vacant but you aren’t waiting for these clowns to get out.
IF they are successful in court, then you can make a new offer and have the house properly inspected POST tenant.
I’ve seen all kinds of horror stories from fish in the vents/walls to concrete down the toilets and sinks. And that’s assuming they don’t return to vandalize the property after the court has ruled.
Regardless, the process will probably take longer than 17 days for court, removal of the junk that will inevitably be left behind, locks changed, and the property to be cleaned and inspect.
Yeah no. Sorry your agent is not advising you better, but you should not be putting an offer in on a home with squatters. Luckily it seems it is early enough in the process that you can cancel your offer, and you should do so immediately. There are way too many uncertainties for this house to be on the market, unless it is a total fire sale.
Put in the contract that you won’t close until they have been evicted. You do not want to inherit that headache and expense. Does it mean you won’t close within the normal 30-45 day window? Yes. And you don’t know how long it may take for them to leave. But do not close until they are gone.
Either that or walk away.