I was scheduled to close on my fourth investment property, a duplex in Minneapolis 10/15. We have pushed back closing due to a tenants POD unit still being in the driveway.
As part of the PA, I requested that both tenants (month-to-month leases) leave. The property is in disarray. Today, its a C property in an A location. I plan to renovate and bring it back to life.
What you do in my situation-- would you buy the property, and deal with a surly ex-tenant? Do I have rights as a new owner to remove the POD unit from my location? Or, should I keep waiting for the seller to get rid of this POD unit?
Basically, what are my legal rights here? How would you guys go about this?
Is it just the tenant's pod in the driveway, or is the tenant still in the unit? What is holding up the seller? Seems if they were motivated and it was in the contract that the seller needed to get it moved, it would have happened by now.
If it is only a pod, I wouldn't hold up closing because of it. Why not ask the seller for a concession in price or closing costs if you take care of the problem pod? Dealing with a surly ex-tenant would not get in the way of me getting the property I want.
Can't speak to legal rights in a state where we don't invest and a real estate contract we haven't read, that is for your realtor or attorney to sort out.
Hats off to you for stepping up to make a contribution to the community by bringing back the glory of that property!
@Tom Henderson your state will have laws about personal property left behind. Definitely research those, but the fact they're in a POD may bring on a different legal fight. Call the POD company. They're going to own the POD that the personal property is in and that will probably bring on another layer of rules you will need to consider.
You can close, you take possession and you become the landlord. State law will dictate how long you must hold personal property. Here it's 30 days then it's unclaimed property/abandoned property and you can trash it or sell it for costs of storing it. You also need to secure it during the hold period, the POD takes care of that, put a lock on it.
Check with the POD folks and see if they can take it to their storage, they become the bailee entitled to the contents. I'd say you wouldn't have any issue having them get it, as the tenant arranged it and you have the right to remove it and store it at their cost. Look to bailee of personal property statutes and your responsibilities of having care, custody and control of personal property. Need to know that as the matter will usually arise again as a LL. :)
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