Closing soon and non-tenant occupant remains

8 Replies

   I am purchasing a property through an attorney-trustee for the elderly owner, who resides in a nursing home.  An older man has been allowed by the trustee to live in a tiny house on the property in exchange for his brother's mowing the property.

   Our closing is quickly approaching, and the attorney-trustee has not arranged for the non-owner occupant to relocate!  Does anyone have any suggestions for handling this issue?  I do not want to have to go through eviction proceedings, and I should not have to!

Thanks!

Hopefully you have that stipulation in your purchase agreement. If so, I'd refuse to close until it was vacant with a hold harmless signed.

It's not just as easy as moving the tiny home. The most challenge thing about tiny homes right now is "where do we put them?" Assuming attempts have been made to find a new location for the tiny home, it's likely there's no suitable place for it to be moved to so the person can continue living in the tiny home. I'd be curious to know if the tiny home is considered legal where it's at. If not, then you as the new owner would have to deal with any ramifications. If it is, then maybe strike up a new agreement with the tiny home dweller?

On the real estate side of it, I'd agree with @Jim Kittridge don't close until things are taken care of.

Originally posted by @Stacie Smith :
Thank you!  Does that have to be a stipulation?  I was hoping that a standard real estate contract required the relinquishing of the vacated entire property.

I’d recommend reading the purchase agreement. I can’t speak for the one you used as the closest thing to a standard PSA is your state’s realtor Offer to Purchase form. 

@Stacie Smith the contract to purchase in every state is different. In Colorado there is a section that refers to leases that survive the closing. If that area is n/a or blank there is an indication that there are no leases that survive. However, tenants (even non-paying ones) have certain rights and must be properly notified to vacate by the sellers. If the attorney hasn't done this then it must be done. Don't assume they are just going to go away on their own... 

@Stacie Smith

In the absence of a lease agreement in Texas, the tenant(yes he is a tenant) is assumed to be month to month.  I would ask that the tenant be given a 30 day notice to terminate asap.  While you may ask to delay the closing until he is gone, there is no obligation for the Seller to do so.  So a decision will need to be made to close or not to close if they refuse to delay.  Assuming they are living in a tiny house that the tenant has moved to the property and they are not living in a structure that I am purchasing, I would close and deal with the tenant if they failed to move