Expert: Hans Weber, Licensed Broker Associate - 6/13/2010

Question
QUESTION: I had just signed papers on my first home. Tenants were aware of myself purchasing the home. Tenant was given notice by Realtor that he needed to vacate in 30days. Tenant was on a month to month basis in this house. No lease. 30 days have come and gone tenant still resides at  my new home. Tenant was contacted threw out the month reminding him of when he needed to be out. The week of signing he was notified 3 times by the Realtor and Title Company. Papers state that I have immediate possession of the home the day of signing. Tenant informs me that I have to evict him. Is this correct? I went to the house today and explained to him that on my Purchase agreement it said Immediate possession of the property.  The tenant and myself came to an agreement that he be out of the house by Monday at Noon. Since the tenant had his 30 day notice and then some, can you please help me with some options when Monday comes along and he still has not vacated the premises. I greatly appreciate any help anyone can provide.

ANSWER: Hello Karen,
Thank you for your question.
I know you followed all the rules.
Rent the movie Pacific Heights.
You bought the house with the tenant in place and they need to leave, but they have rights.
Hopefully you made a deal that will have them leave peacefully on time.
Hans

---------- FOLLOW-UP ----------

QUESTION: Hans. Thank you for you reply. I understand that the tenant has rights as well, but he ws notified in writting his 30day notice to vacate.. Now I am not sure about how Realtors feel about other Realtors not being upferont and honest to sellers/buyers. Realtor which I was working stated in writting that the house was vacant. Even in the closing papers it was states that the house was vacant, yet on another paper of the closing it is in the possessions area it states all fixtures lights ect..... are possession's of the buyer which is me. Now underneath there is a place for comments which states " except for tenants possessions" Now how can the Realtor claim the house to be vacvant YET state that the tenants possessions are not our possessions.

Answer
Hi Karen,
Thank you for the question.
In New York the lawyers handle the contracts and the title companies follow up with the banks.  Other states do it differently with the agents writing contracts and lawyers then reviewing them.

It seems someone on your side did not review the documents properly and left room for the tenant to stay.  

Your only choice now may be to buy out the tenant and help them move to a new home.

Price starts as the most important issue in most buyers and sellers minds.  Occupancy usually ends up the biggest headache in the end.

Hans