Clute, TX · Member since 2014 · 13 posts · 3 votes
Closed deal in mid February, seller asked for a few weeks to move their things and find new place. They called at 2 week deadline asking till the end of this month.
The month will be over on Tuesday, so I assumed they would be moving out this weekend.
I called Friday and today and texted and no response. I drove to house today and no one answered, but there was a new car in the driveway.
If Wednesday morning rolls around and these people are still there what can I do?
Call city and turn off all the utilities? Change locks? Put their stuff in the front yard?
Im sure someone else in Texas has had this happen.
Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
11y
Fully agree with Neil. You must know and follow your state laws. Basically, even if they are sitting there, not paying rent....in other words stealing from you....you are bound by the laws. If you take action such as turning off utilities, even though they are wrong they would drag you into court and it could cost you dearly. From now on, make sure the property is vacant before closing or have a signed lease with security deposit at closing. Sad thing is: there are lots of people that act in dishonest ways in all walks of life. You must protect your interests...and the best time to do that is before taking title.
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
11y
Looks like it's time to evict them. However TX says you have to evict tenants, start the process now. When you let them stay, they became your tenants. They've breached their agreed-upon termination date, so you should be able to evict based on that.
Real Estate Broker · Provo, UT · Member since 2013 · 689 posts · 511 votes
11y
Don't turn off the utilities or change the locks. I know it's not right and it's not fair, but this will get YOU in hot water. You probably need to file an eviction, but check your laws to see if you can do this - prior to filing an eviction I've always posted a big pink or yellow pay or quit notice on the front door and front window. basically says if they do not vacate by (however many days you must give them) you are going to file action against them. You cannot block doorways, egress, etc.
The bigger and brighter the sign, and easier to read from the sidewalk, the better. This will say to all their neighbors they are dead-beats. Nobody wants their dirty laundry aired out for all their neighbors to see.
You may also be entitled to collect back-rent, but this will involve you taking the tenant to small claims court - and hopefully when you closed you had an agreement saying they would stay for so long, and then either pay rent or get out.
Call city and turn off all the utilities? Change locks? Put their stuff in the front yard?
Doing this will definitely open you up to the possibility of bigger problems so skip those and just start the eviction. Not sure what their situation is but you may want to try a "cash for keys" exchange
Never allow seller to remain in house post-closing without a written lease agreement that contains very strong "hold-over penalties."
Plus keep substantial amount of the sale amount in escrow, under the terms that failure to move by deadline causes the escrowed money to revert to buyer.
Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
11y
Since these folks are not tenants, but the seller who has not vacated the premises, you really have an unlawful detainer on you hands and an eviction may not be the appropriate remedy. Check with your local laws, but removal of squatters/unlawful detainers is frequently handled differently than removing a tenant (eviction).