2,784,416
Based on what you said, tenant is unlawfully detaining the property. That's the name of the lawsuit Unlawful Detainer action. In CA, there is very little defense. Tenant pays court costs, attorney fees if in contract, damages the court may award PLUS judgment is good for ten years and ten years more if you refile it. Credit is destroyed. Once properly explained, they vacate. Just had one couple of weeks ago...GONE NOW. Best approach? Sit down, explain it all, hear out the tenant and find HAPPY for all
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Debbie Gartner
White Plains, NY
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Ron and Alexandra Seigel
Carpinteria, CA
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Lyn Sims
Schaumburg, IL
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Richie Alan Naggar
Riverside, CA
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Susan Haughton
Alexandria, VA
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Pete Xavier
Pacific Palisades, CA
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Fred Griffin Florida R...
Tallahassee, FL
108,016
Just like Richie says...File an Unlawful Detainer and get a court date. The judge will determine the vacate date and will send a sheriff to do it by force as soon as they are in violation. It's the downside of our business.
The Colorado version: http://www.coloradolegalservices.org/lawhelp/resource/questions-and-answers-about-eviction
You can get the judge to award damages during the process which may become a judgment and potential wage garnishments as compensation to your buyers. The real risk is if the tenant trashes the place on the way out. You get aggressive and that just may happen. See if you can collect the month's rent in exchange for an orderly move out.
You buyer moving in with him is probably ill advised also. You have no idea who this person is or what they're capable of. It's a great way for both parties to get out of hand and go to battle at some point. Just not a good idea...
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Richie Alan Naggar
Riverside, CA
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Debbie Gartner
White Plains, NY
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Ron and Alexandra Seigel
Carpinteria, CA
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Fred Griffin Florida R...
Tallahassee, FL
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Lyn Sims
Schaumburg, IL
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Susan Haughton
Alexandria, VA
5,583,328
many times.... everyone has a price.... pay them to leave.... keys for cash....
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Mimi Foster
Colorado Springs, CO
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Candice A. Donofrio
Fort Mohave, AZ
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Kevin J. May
Hobe Sound, FL
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Pete Xavier
Pacific Palisades, CA
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Richie Alan Naggar
Riverside, CA
117,040
I had a similar thing happen when I rented office space in The Edward Coleman House in San Francisco (and 1885 Edwardian mansion that survived the 1906 Earthquake.)
The House was built by a prominent member of San Francisco society, and stayed in the family until the 1940s. No family left, so the the House was sold and was used as a boarding house for many years. An attorney bought it in 1975 and rented it to attorneys for office space (as evidenced by the orange walls and orange carpet in the room that was my office.) In the late 1990s, someone else bought the house, fixed things up, but ran out of money. He stopped making payments and the house was sold to a new owner right before foreclosure.
The new owner wanted all the attorneys out because the new owner and his family were going to turn the house back into a single family home. We, the attorney renters, had a lot of notice, and found other office space. However, one lawyer was in the middle of a long trial and he refused to move until his trial was over.
Believe it or not, the parties worked it out. The family moved into the House, while the lawyer was still using the one room as his office. It was a huge home, and it would be easy to avoid each other, but still, this scenario was a little weird.
I do suspect that by the end of the term, the attorney and the new owners were sick of the other. Right before the attorney was supposed to finally move out of his office, he called me to mediate the dispute about a piece of furniture I had left at the House. It was a $40 microwave cart, and each party claimed it was theirs. The lawyer said I gave it to him, the family said it was theirs because they claimed that all the furniture in the house was included in the sale, even this crappy microwave cart. [Note: you cannot make this stuff up!]
Resolution: Luckily I had two of these crappy microwave carts, so I brought the other one over to the House to give to the new owners. Now each person could have their own and they were happy, sort of.
Lesson learned: Next time I will just put the microwave cart out on the sidewalk.
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Bob Crane
Stevens Point, WI
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Mimi Foster
Colorado Springs, CO
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Chrissi Chapman Topoleski
Woodbridge, VA
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Pete Xavier
Pacific Palisades, CA
5,772,575
Mimi,
Richie Alan Naggar and Scott Lawson gave you great answers...Sorry you have to go through that. A
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Mimi Foster
Colorado Springs, CO
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Richard Weeks
Dallas, TX
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Richie Alan Naggar
Riverside, CA
1,456,769
I had to deal with this same scenario in purchasing our current home. The tenants in the "Granny Flat" refused to leave even after being given 90 days notice. The only reason we were buying this home was for my Mother to move into the flat! They actually said to my face "go ahead and call the Sheriff. By the time they get around to us, we'll have another place to move to!"
They know the law and the loop holes inside and out
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Mimi Foster
Colorado Springs, CO
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Fred Griffin Florida R...
Tallahassee, FL
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Susan Emo
Kingston, ON
1,846,851
Only once & it was most embarassing. Seller said he'd leave when he felt like it.
Don't forget to remind him that his penalty per day is what for overstaying his lease. Here it's around $100 a day.
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Mimi Foster
Colorado Springs, CO
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Fred Griffin Florida R...
Tallahassee, FL
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Ron and Alexandra Seigel
Carpinteria, CA
2,684,569
With an attitude like that, what other problems is that tenant going to cause? Leave the place damaged, fail to pay last month's rent, etc.
I would "lawyer up" right now.
And postpone the Closing until the Tenant is gone.
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Mimi Foster
Colorado Springs, CO
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Debbie Gartner
White Plains, NY
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Susan Haughton
Alexandria, VA
556,536
If i was representing tbe buyer we would delay the closing until the house is vacated. Too many variables in play.
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Mimi Foster
Colorado Springs, CO
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Debbie Gartner
White Plains, NY
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Lyn Sims
Schaumburg, IL
5,111,821
Fortunately, not. And that's also why I tell sellers not to sell their homes until tenant is out.
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Mimi Foster
Colorado Springs, CO
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Richard Weeks
Dallas, TX
3,071,489
"New owner can move in with him" Terrific - new owner should move in the beehives and rotweilers first!!
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Mimi Foster
Colorado Springs, CO
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Tony and Suzanne Marri...
Scottsdale, AZ
991,152
Just pay the tenant to move - some people just have gaul!
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Mimi Foster
Colorado Springs, CO
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Richard Weeks
Dallas, TX
6,416,169
May be best to just wait him out. and if not out on August first he will have an eviction on his record.
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Bob Crane
Stevens Point, WI
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Mimi Foster
Colorado Springs, CO
1,771,867
Barbara Todaro has the best solution. In my neck of the woods the landlord/tenant laws favor the tenant.
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Mimi Foster
Colorado Springs, CO
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Barbara Todaro
Franklin, MA
1,153,794
Nothing that a few hundred dollars thrown his way won't resolve. That's how I've dealt with it and it's always (to date) successful.
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Mimi Foster
Colorado Springs, CO
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Pete Xavier
Pacific Palisades, CA
2,375,285
NO! Sounds horrible. Can you buy him out?
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Mimi Foster
Colorado Springs, CO
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Richard Weeks
Dallas, TX
5,060,238
No, thankfully. I have had few tenanted properties to sell. Sounds ike legal action may be needed. Richie Alan Naggar has a good response I think, but it might vary by state
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Mimi Foster
Colorado Springs, CO
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Richie Alan Naggar
Riverside, CA
4,800,132
Thankfully I haven't had to deal with this.
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Mimi Foster
Colorado Springs, CO
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Richard Weeks
Dallas, TX
913,348
I would delay closing until he's out. Some states are more lenient with tenants, and others would throw him out.
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Mimi Foster
Colorado Springs, CO
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Susan Haughton
Alexandria, VA
4,900,085
I've never heard of extending an offer for the new owner to move in. Very strange.
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Mimi Foster
Colorado Springs, CO
3,416,038
If i was the new owner i would not close. The present owner should have served them an eviction notice and then filed with the court to let the tenant know this is serious.
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Mimi Foster
Colorado Springs, CO
3,627,072
No ma'am around here its called a writ of execution. On 07/01 the sheriff would be moving him out via court order.
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Mimi Foster
Colorado Springs, CO
7,862,342
You need to anticipate issues like this when selling a tenant occupied property.
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Mimi Foster
Colorado Springs, CO
4,581,818
Unfortunately, yes but not a tenant but the seller.
I'm sorry you are going through this -- it may be time to contact an attorney.
Good luck.
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Mimi Foster
Colorado Springs, CO
4,319,773
Mimi Foster - now that's a challenge.
Somehow, just pay them for a month's fees instead of charging them the rent... (not that I like to do that but just a suggestion.)
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Mimi Foster
Colorado Springs, CO
715,207
Oh my goodness, thankfully I have not had to deal with that! I wish you the best of luck!
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Mimi Foster
Colorado Springs, CO
902,038
Not personally, but have had clients who had to go to court to evict tenants. What's in the lease? You may have recourse if lease written favorably i.e. must move out with appropriate notice if ownership changes.
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Mimi Foster
Colorado Springs, CO
3,741,214
Yikes! The only good tenant is a gone tenant in a DC area transaction!
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Mimi Foster
Colorado Springs, CO
3,988,013
Yes I have run into that and in my state it costs more money and time to make them leave and most tenants know it. This is one more reason to get the tenant out before it goes on the market.
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Mimi Foster
Colorado Springs, CO
3,340,443
2,443,250
Wow, who would want to buy the home with a stubborn tennant? Can they legally move in, put his stuff outside and change the locks? He has been given notices...
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Mimi Foster
Colorado Springs, CO
1,525,616
I have not had to deal with that, I'm sorry you are going through this.
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Mimi Foster
Colorado Springs, CO
613,494
I have a good friend (ex-cop) who had bought dozens of low end properties for rentals. This is how she deal with hold-overs:
She knocks on the door with her big boyfriend who packs heat and unbuttons his jacket and they give the tenant 3 days to get out.
Then she changes the locks, and then lets them know that all their shit is in the dumpster...I swear that no one has complained.
Eve
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Mimi Foster
Colorado Springs, CO
2,187,462
Thankfully, I never had that happen during my property management days. Sounds like you got some good suggestions.
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Mimi Foster
Colorado Springs, CO
5,237,958
As a buyer, would not close until property vacated and inspected. Not a buyer problem!
As the seller would have an attorney serve legal notice he will be sued for damages if he does not vacate on time!
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Mimi Foster
Colorado Springs, CO
1,390,113
Never had that happen - I'm curious to see how it turns out for you!
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Mimi Foster
Colorado Springs, CO
1,505,863
Thankfully not, but I've had to evict people before. I suggest the new owners get a good lawyer.
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Mimi Foster
Colorado Springs, CO
823,679
Thankfully I haven't had that situation, but definitely get an attorney to help evict them if their lease is up.
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Mimi Foster
Colorado Springs, CO
216,904
Yes. Attorney was quite helpful in giving them notice and evicting. If lease expires, tenant can't renegotiate when they will leave.
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Mimi Foster
Colorado Springs, CO
534,547
i have had tenants who wouldnt go and I have even once had a seller who refused to go. We basically served them with a bill and detailed expense list of the amount we planned to sue them for following possession if they didnt vacate. Once they seen that list and $$$ they were happy to comply and get out.
4,434,177