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Ross Y.
  • Investor
  • Escondido, CA
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New Property with Nightmare Seller and Tenant... Advice please!

Ross Y.
  • Investor
  • Escondido, CA
Posted Mar 17 2018, 08:52

Elaborate story here.. quite a nightmare. Please read through and help.

Setting the Table:

Property is in San Diego, California

Just purchased and closed on a nice primary home with a granny flat in the back that is rented. Due to the low offer and seller counter, i agreed to a 1 month leaseback for the sellers because they are moving into a new construction home and it may go over schedule. They stated they probably wouldnt need the full month and I woudl most likely be able to move in early. I required a $3000 deposit and a $250 per day fee if they go over the 30 day leaseback. The renters in the granny submitted a signed notice to vacate by the end of the 30 days as well. In the purchase contract, it stated that i was supposed to receive a copy of the keys to the property at close of escrow...

All seemed well and i felt like i covered my basis.. this is where it goes haywire:

15 days after close of escrow I still have not received the Keys; i've noticed them multiple times that i want to enter the property (24 hour notice) and they do not respond. They did respond one time and when i went there, nobody answered the door; while i was there i noticed the property was 95% empty with some trash laying around and and end table here and there. I reach out to the sellers in a nice manor via text and stated that i noticed the property was empty, i want my keys and i wish to move in early because i have tenants lined up to move into my current home and i dont want to live in a hotel with my kids for a week.

They responded to my real estate agent that they woudl give me the keys the following day and i could move in on a specific date if i released the full deposit now. We responded and stated that upon inspection, if the property was in clean order, i would release half of it the next day; i explained that the back tenant is not communicating with me and will not let me enter the granny flat so I'm concerned i may need the deposit to evict her. 

They responded to that with stating they will not give me the keys now and i cannot move in early; even though there is nothing in the home.

Back Tenant:

I notified the back tenant that was going to come by and take pictures of the property and that i needed to enter the residence. They responded that it does not work for them and i should contact them during normal business hours. I know i can legally just enter if i want to with proper notice but i dont want to ruffle more feathers. I responded with, What time works for you on Monday or Tuesday, and she will not respond.

What to do??

Main Home: My thoughts were that they have breached the contract by not providing the keys or allowing entry to the property with proper notice. My plan is to change the locks and post a letter on the door 24 hours prior stating due to lack of communication, failure to provide the keys, failure to allow entry, and perceived abandonment. I will do it based on the original date they provided in text that the property would be ready; IE, they originally stated that would receive the keys on the 16th and i could move in on the 20th if I agreed to release the deposit.

Granny Flat:

Not sure what to do there... help me out :)

Conclusion:

I guess i could just wait it out and get a hotel until they are out but it would be expensive and a real pain in the rear. I still have the 3000 deposit i will use to change the locks and apply towards a hefty cleaning bill.  I want the thoughts of the community. Please let me know!!

Thanks Everyone, I love this community!!

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