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Kathlyn Lewis
  • Flipper
  • Boise, ID
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End of Delayed Possession Agreement Procedures

Kathlyn Lewis
  • Flipper
  • Boise, ID
Posted Apr 17 2014, 07:38

Hi all!

Hoping to impose on your great cache of knowledge once again.

My husband and I purchased a property in February with a large garage. We agreed at the time of closing to a Delayed Possession Agreement for the garage (something I will never do again, BTW, but we were told that the owner was recently widowed, having a hard time and would really appreciate the extra time to clean out the garage, so we wanted to be nice - oops!). The agreement is up on May 8.

This would not be an issue if the former-owner-now-tenant hadn't made it painfully clear that they are going to take every last minute to clean out the garage. In fact, no moving of stuff is taking place at the moment - only working on cars.

Needless to say, we feel taken advantage of (we though we were helping someone by giving extra time to move and in reality, they are treating it like "their property" (words they have used verbatim)), but the real concern is that they will not move when they agreed.

We want to make sure we are above board when we start moving their stuff (provided they do not surprise us and do it themselves in a timely manner). So:

Given that we do have a Delayed Possession Agreement and Rental Agreement Addendum in the contract, do we need to notify them in writing of the intention to terminate the lease?

Is there any special wording for this kind of notice, since it is not a standard lease?

Thanks in advance for your help - this is an extremely frustrating situation and a huge reminder that doing favors for people in real estate is very often not the smart way to go.

Cheers,

Kathlyn

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