How do you remove a tenant before closing on the deal?

How do you remove a tenant before closing on the deal?

Investor · Bismarck, ND · Member since 2017 · 110 posts · 50 votes

Current situation:

I agreed to purchase a property "contingent upon building inspection."  Yesterday I had said building inspection. The units were to be empty upon inspection. (2-3 hours)  While my inspection guy was there doing what he does, the lower unit tenant came home drunk (3:30 in the afternoon) and proceeded to pass out in one of the rooms. During this time he awoke a couple times, went outside, would cuss & swear for a bit, then go back into the room & pass out. I met my inspection guy at 5:00pm tenant was currently still passed out. We did a walk thru of  the upstairs & outside. When it came to look at the lower unit, the tenant had locked us out. Our realtor got the key from the lock box & we were able to gain access. During the lower walk thru, tenant awoke and mumbled some stuff at us and then passed out again. We finished inspection & went outside to discuss. During this time upper tenant came home & I spoke with her. She said she's had to call the police numerous times about the lower tenant whom i also found out is also not even on the lease, he's just a boyfriend of the female on the lease, but she's currently in jail on drug charges. She also said the current landlord has done nothing about these tenants either.

So can I state in revised purchase agreement that the "lower unit must be vacated upon closing"??? Their current lease is not up until Feb 1 2018.

I need these people out or there will be no deal. Any advice is appreciated.

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Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
9y

Offer the drunk whiskey for keys instead of cash for keys:)

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  • Real Estate Broker · Raleigh, NC · Member since 2017 · 174 posts · 69 votes
    9y
    I think your best bet is to consult your buyer's agent. He/She will be able to help you on your contract.
  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    You can ask for vacant at closing but be prepared to walk on the deal if the seller is not prepared to evict. Otherwise you simply wait till February and non renew their lease.

    Chances are you will be forced to evict if the seller does not so keep that in mind when adjusting your offer price.

  • Real Estate Investor · Shelton, WA · Member since 2013 · 369 posts · 639 votes
    9y

    @Lee Gierszewski Don't wait. Don't walk. Use the new found information to leverage a better deal.  "Empty the lower unit prior to close or drop the purchase price by $X". If you're on the fence about it, why not take a shot? Get it how you need it, or get it for cheap (er).. or walk. 

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    Offer the drunk whiskey for keys instead of cash for keys:)

  • Investor · Bismarck, ND · Member since 2017 · 110 posts · 50 votes
    9y

    @Thomas S. @Account Closed

  • Investor · Bismarck, ND · Member since 2017 · 110 posts · 50 votes
    9y

    Also I will definitely be requesting a lower price considering that the boiler is shot and the windows also need replacing.

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Everything depends on how bad you want the property, the tenants are both a short term issue, As a person that just sold a multi unit property, this 2 unit property is a walk in the park.

    I would not sell vacant,, but my tenants were on month to month..

    You knew looking at the property the tenants had current leases, the fact the tenants are creeps is what is. 

    of course you can ask for lower price, but however you risk not knowing who is around the corner also looking,, would be worse if they both just signed new leases.

    The current owner could do an eviction if he has cause, but that takes time and no guarantees. He can not truthfully say he can deliver vacant unless the building is vacant. Courts take time, better to non-renew as soon as you take ownership, give them the heads up your not renewing them and that you'd accept a early notice to vacate with a bonus once apartment is emptied. 

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