Previous owner wants to stay in property 3 months

San Diego, CA · Member since 2019 · 8 posts · 1 vote

Recently bought a duplex and the previous owner was supposed to have moved out by now and into an assisted living facility. However, he broke his arm during the move and has to get surgery. When move out day came, he requested to stay and pay market rent for 3 months until he heals. I did not agree and basically sent an addendum to get out within 2 weeks. They came back asking once again to stay in the house. Any tips here? Should I move forward with evection notice?

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Hire an attorney and evict.

Personally, I wouldn't evict an elderly person with a broken arm, but I don't know the entire story. You do you.

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Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
4y
Mistake #1 was closing before he was out.
Depending on the area, an eviction may take more than 3 months. Best option is probably to do a 3 month lease at market rent. Include a clause that holdover tenancy rent rate is 1.5X prior monthly rent.
Sounds like he has nothing to lose with an eviction on his credit, so tread lightly.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Hire an attorney and evict.
Personally, I wouldn't evict an elderly person with a broken arm, but I don't know the entire story. You do you.
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Eric Morel
Member since 2021 · 98 posts · 53 votes
4y
If you think he will pay rent, I would say just do the Market rent. Will give you time to find another tenant. Evictions can take time and by the time you get approval it may be three months down the line.
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Grayson Appleget
OP
San Diego, CA · Member since 2019 · 8 posts · 1 vote
4y
ok thanks for all the responses!
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
If you haven't closed, why not let him stay for 3 months at market rent AND have the attorney handling your closing hold back a large chunk of money until he is out.
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Jonathan R McLaughlin
Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
4y
I think you have a chance to get them out without caving. If you don't think they will go, you may be better off dealing with this than evicting, unfortunately.
If you make an offer to accommodate, charge market rent plus a premium right from the get go and put it in writing this accommodation is temporary, burdensome and only because you are bending over backward. Maybe have a lawyer send.
Market rent in this context=no reason to hurry up and he has all the cash in the world right now. I would suggest 1.5 the market then double that after 3 months. Get the signature. Bet he moves upon receipt.
Also, what you stated doesn't hang together...he wants to delay moving to assisted living till his arm heals? Life would be easier with a broken arm in assisted living. I think you are dealing with understandable fear of change and sellers remorse. And assisted living places don't hold spots forever....
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Jonathan R McLaughlin
Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
4y
"don't hold spots forever" I meant, so he might lose it and have to start the search over again which may be his plan, conscious or unconscious.
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Steve K.
Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
4y
Post closing occupancy agreements/seller's staying a while after closing have been very common in hot markets lately. I would let him stay but get a lease in place and collect a security deposit like a normal tenant. He's probably good for the rent considering he'll have the proceeds from the sale.
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Patricia Taveras
New Bern, NC · Member since 2017 · 246 posts · 173 votes
4y
@Grayson Appleget
Hi Grayson. I know this isn't helpful to your immediate situation, but in case you face a similar scenario in a future property - I bought a house where the owner needed to stay for a while after closing. A realtor friend of mine told me to add an addendum to the contract specifying a move out date with a daily penalty charge for every day she stayed over - this incentivizes a quick move. We made the daily penalty the equivalent of pro-rated market rent. The former owner ended up moving out prior to the agreed upon date. Good luck with your current situation- I see you are getting tons of great advice!
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
I've also done something similar with one place I bought. The seller needed the money from the sale to buy her new place. The market was hot and places were selling fast. She paid market rent and was out when she said she'd be.
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Kar Sun
Member since 2021 · 402 posts · 277 votes
4y
a big and resounding NO
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
4y
Originally posted by @Eric Morel:
Evictions can take time and by the time you get approval it may be three months down the line.

And he's out 3 months rent......

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Eric Morel
Member since 2021 · 98 posts · 53 votes
4y
@Bruce Woodruff exactly
1 Reply
Grayson Appleget
OP
San Diego, CA · Member since 2019 · 8 posts · 1 vote
4y
Just an update here, I was able to get him to agree to move out by tomorrow, and everything ended amicably. Thanks everyone for the advice though! @Patricia Taveras definitely a good idea for next time, and I learned my lesson about closing before confirming the owner moved out.
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Maurice D.
Coppell, TX · Member since 2015 · 485 posts · 310 votes
4y
Glad it got sorted out. for others in a similar situation, offer to help them move (hire movers) or bribe him..
how did you convince him?
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Grayson Appleget
OP
San Diego, CA · Member since 2019 · 8 posts · 1 vote
4y
@Maurice D. Property manager went over to the property and talked with the owner to see what was going on and gave him a list of movers that could possibly help. Don't know the specifics of the conversation, but property manager handled it all thankfully. No bribe necessary
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