Home Buying in Parma>Question Details

Michelle M, Home Buyer in Parma, OH

HELP!!!!!Our house closes today and now the current owner dosent want to leave for another week.

Asked by Michelle M, Parma, OH Wed Mar 26, 2008

He has already been paid to move and now want to stay until the 1st, but that gives me now time to move my stuff and fix the house that he has tore to shambles. I was told I would have to evict him in order to get him out, but I dont undersatnd why because we dont have a contract with him and the property is now in our name. Can I just file a tresspassing order with the local police. Can some PLEASE help me. I need to move out of my rental unit, but now it looks like Im stuck here until he decides he wants to move or until my landlord throws me out.

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5
Bob Kienast’s answer
You're REALTOR should have been able to negotiate an arrangement with the seller. Usually I would say he is in breach of his contract, but you say you don't have a contract with him, so I'm guessing you bought directly from the current owner.

He is technically now your tenant. Our purchase contracts protect the buyer by making arrangements for the seller to pay rent to the buyer if he does not vacate by the agreed upon date. Without a contract, spelling out his duties, you may be left to the local authorities. Also, if he is "tearing up the house" the damage would fall under your insurance.
0 votes Thank Flag Link Thu Mar 27, 2008
Jeffrey presented your options. Either don't settle, or do settle and evict.

Sounds like you might be an investor, or at least buying from someone who's in distress? (You said, "He has already been paid to move.") If you have a Realtor, get his/her advice. If you're a real estate investor with a mentor, check with the mentor. The cheapest option would be to pay him a bit more to move, but this time you make sure it happens. You arrange it with him, pay for the movers, and throw in a bit of cash. You pay him only when he's out.

Sounds as if he may be on drugs--out of money, no place to go, house in shambles. Just a little bit of money (enough for his next fix) probably would do the job. Or: Check with a lawyer before doing the following. But, if he's using, call the cops on the drug problem. As soon as he's hauled off, you go in, move all of his belongings into storage, and change the locks.

But my first option would be to offer him enough for his next fix, payable once he's out.

Good luck.
0 votes Thank Flag Link Wed Mar 26, 2008
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
Don't you have a realtor? I have had these problems before and I helped my client out of the mess. If you did not use an agent, you are stuck with the local autorities. It will take you a lot longer than a week to get rid of him. You should go on record right away, however, in case he does not leave in a week either. Good Luck.
Web Reference: http://www.liveinakron.com
0 votes Thank Flag Link Wed Mar 26, 2008
if you own the house
move in
get a dumpster for the garbage
left by the previous owner

anyways

good luck
0 votes Thank Flag Link Wed Mar 26, 2008
Your choice is not to close today or to close and therefore you automatically have ownership and therefore you have every right to be rid of him. The other choice is to close and charge an exhorbitant rent with a security deposit andif he remains after the agreed time period you then have the right to either charge him an even higher rent or evict him. The problem with an eviction is that the process can take quite awhile.
There is not much you can do about him if you do not own it yet so try to reason with him.
Have you asked your atty or agent yet as to what your state allows?
Good luck.
0 votes Thank Flag Link Wed Mar 26, 2008
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