Expert: Karyn Foley - 1/6/2006

Question
i am buying this house that has tenants in it and the owner we are buying it from has gave them eviction notices since oct. of last year. he gave them pay or quit notices and they wont pay the rent or leave. now that we are buying this place for our residence, we have gave them a 3 day eviction notice to leave the property with all belongings, the main tenant signed our copy saying he agrees to it and the date has come and gone and they are still there, as of buying this place we dont have the money for court cost. what should we do?

Answer
 What you should do is NOTHING until those tenants are out.  Your contract probably has already been breached, as it should have contained a clause that the tenants would be out a certain amount of days before closing.   Signing anything is one thing, doing it can be another.
 Immediately have your agent or attorney write a letter to the seller stating that your money will not be put in until the tenants are out of the property.  Once you own it these terrible tenants become your problem alone, and it could take months, even a year, to get them out, depending on the laws of your city, county, state.
 Why are you still expecting them to leave?  Please, get smart and get pro-active and make it happen by getting legal support, rather than relying on letters and notices that have produced nothing.
 You may have an out to your contract, again, get the advice of a legal expert.  Once the owner/landlord and the tenants understand that you are at the end of your tolerance, the picture may change.  If not, please consider getting any deposit back and make a different purchase.
 The market has been changing, by it no longer being such a strong seller's market.  Perhaps you could make a more economical purchase the next time.  
 Please keep me informed as to what you end of doing, and the direction everyone takes.  I do want to know.
 Good luck, and stop being such a nice person, all you are getting in baloney in return.
KARYN FOLEY