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Becker, Home Buyer in Oregon

I closed on my first home two weeks ago, and I have been patiently waiting to take possession of the house on

Asked by Becker, Oregon Thu May 29, 2008

May 30. I just got a call yesterday May 27 from the seller, saying she is not going to be moving out because she does not have a place to live. I have no idea what my rights are as a homeowner. Do I have to go through the eviction process? Or is there an easier way to do it?

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Since the date of transfer of possession has not come yet you can ake the following steps. One read the contract and see qwhat is says about when you have possession of the property. Two do not fund the loan to pay for the house until you know that they are moving or you have signed agreement on how long thay can stay. That is if you say it's OK for them to stay. If you say they can say they pay your costs (PITI) not thier old costs and I'd add a large payment at the end of whatever days you say they can stay. If you don't want them to stay say no and tell them that you want them to proceed according tot he contract. If they breach the contract then get a lawyer and sue for damages. If it gets at all ugle do not, do not accept any payment from them they will become tenants and tenants have rights that squatters don't.
0 votes Thank Flag Link Thu May 29, 2008
Jed Lane, Real Estate Pro in San Francisco, CA
Call a lawyer immediately.

Your agent should have advised you not to close until the previous seller had vacated the property. It's possible, as James suggests, that some sort of rent-back was included in the sales documents. But, from your question, it appears as if there may not have been, or that it expires on May 30.

I'm not a lawyer, so this isn't legal advice. However, right now, you're a landlord, bound by all the rules, regulations, and laws that apply to landlords. And, yes, you have to evict your tenant. And you have to do it legally--with whatever notice is required, and so on. That's why you need a lawyer.

However, there may be an easier way to do it. It'll cost you, though perhaps not as much as a lawyer. Bribe your tenant. Offer her cash. $1,000 in cash to move out. With the $1,000, she can find a place to live. (Didn't she receive some money from the sale?) But you pay her only once she's physically vacated your house and given you your keys. But make the offer limited to x number of days--say 5 days. Or make it self-liquidating: $1,000 if she moves out on May 30. $900 if she moves out on May 31. $800 if she moves out on June 1. And so on.

Good luck.
0 votes Thank Flag Link Thu May 29, 2008
Don Tepper, Real Estate Pro in Burke, VA
Did you sign an occupancy agreement allowing them to remain in the home after closing? If not, you should have been able to take possession on the closing date. I know you aren't looking forward to dealing with this situation, but you need to get them out asap. Who is paying the insurance while they are here? And the utilities? Good luck!
0 votes Thank Flag Link Thu May 29, 2008
I would recommend that you call your agent and see what protections were written into your contract . Delayed occupancy can be touchy when you are dealing with people like these sellers. This house now belongs to you and they can live in a hotel for now but you need to find out how to get them out and your contract should have clauses to cover that.
0 votes Thank Flag Link Thu May 29, 2008
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