I made it clear that the short sale would not close,unless the property was vacated by the tenant prior to final walk -thru and the property was not damaged.

As everyone else has mentioned, I would avoid allowing the seller to remain after close. In fact unless you can get the deal done without it, or a LARGE DEPOSIT that has CLEARED prior to close, I would walk away and find another deal.

If you have done any amount of looking at homes in Lehigh, then Im sure you have seen the results of an angry tennant. Holes in walls, appliances stolen, fecies left, you name it and it can and will be done.

If the tennant is worried about getting items moved out, then maybe suggest a compromise that suits you.

Tell the tennant they must vacate the home on or before the close date (they can get a weekly rate at a hotel for a couple hundred bucks a week or less). Allow them to leave items in the garage that will be moved to the new residence on or before a set date agreeable to you. IF FOR ANY REASON THEY DO NOT MEET THE DATE, they effectively sign over the property to you to do as you wish with (throw away, allow them to grab late, whatever).

Atleast this way they are not in the home destroying it before you take possesion, or setting you up to evict them.

Also make sure to inspect the house again before you sign and pay, as at this point your likely going to have an angry seller/tennant to begin with.

Lastly, if the tennant is not the person doing the short sale, and is a renter of the property by all means DO NOT ALLOW THEM TO STAY, and check the property over well before you close. They are likely pod that they have to move.

Be careful, you can only imagine the amount of damage a person can do to theese homes in a matter of minutes.

Hey Nickey,
Let's count the risks: Ulcer beginning in the pit of your stomach just thinking about the consequences, headache contemplating how much to charge and how you will collect on the possibility of a bounced check, how to begin with eviction proceedings when 11/15/09 comes and goes and you still can't get in, figure out how much it will cost you to replace missing appliances or repair any damage done to the house for the multitude of reasons people sell off whatever isn't nailed down or decide to put a sledge hammer through a couple of walls just for anger release.

You wouldn't even be asking for advice if you didn't have reservations. My advice is, "Just say no"!

Sarah Garrett, Realtor
ALLIANCE REALTY GROUP
"Chosen Best in Client Satisfaction 2006-2009"
by Gulfshore Life Magazine
239-464-8620
sarahgarrett@argfl.com

The risk are that she doesn't leave by 11/15 and you spend time and money getting her out and/or that she trashes or strips the place and then disapears. If I were you iIwould get a hugh security deposit or hold her first born hostage as a sercuity deposit! Two weeks for her is not that much of a hardship on her - let her do some work and find other living arraingments for two weeks and have a clean closing.

Nickey,

This is definitely a conversation you need to have with your agent. The current owner could leave peacefully and even do a fantastic job cleaning, OR as Nadine mentioned destroy the home. You could always charge an extremely large security deposit that would be put into escrow until she moved out in addition to whatever rent you wanted to charge. I agree with both ladies that this is not an ideal situation and avoid it at all costs. Unless there was already a provision in the contract to stay beyond closing, the current owner cannot stay.

Best of luck!

Danielle Sharp
Sharp Homes

Selling Paradise Realty
Broker Assoc

Cell 248.207.4445
sharphomes@yahoo.com

Hi Nickey,

I would advise against letting the current owner stay past the closing date. These people could be the most honest and trustworthy people in the world, or the worst. You would have no guarantee that the house would not be ransacked with all appliances, cabinets, fixtures etc having been removed from the premises. It's a big gamble to take.

Good luck with whatever you decide.

Nadine Mauro
The Herman Group Real Estate
561-414-0864
NadineMauroRE@yahoo.com

early occupancy and rent backs are rarely without problems. try to avoid it. If you manage to close a short sale on time, congratulations! It may be delayed and you won't have to worry about her staying till the 15th of November. Try not to make definate moving plans based on the current closing date and best of luck!