Mimi Foster, Voted Colorado Springs Best Realtor (FALCON PROPERTY SOLUTIONS )

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Rainmaker
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

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

Jun 06, 2016 05:39 AM
Rainmaker
95,709
Scott Lawson
America's Home loans - Santa Rosa, Petaluma Mortgage Broker - Santa Rosa, CA
Mortgage Broker FHA, VA, refinance or purchase

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...

Jun 06, 2016 06:22 AM
Rainmaker
4,873,359
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

many times.... everyone has a price.... pay them to leave.... keys for cash....

Jun 06, 2016 09:03 AM
Rainer
115,780
Althea Kippes, Esq.
Catarra Real Estate, Inc. - Los Altos, CA
Serving all of Silicon Valley and San Francisco

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.

 

Jun 06, 2016 11:56 AM
Rainmaker
4,318,900
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Mimi,

Richie Alan Naggar and Scott Lawson gave you great answers...Sorry you have to go through that.  A

Jun 06, 2016 07:31 AM
Ambassador
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Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

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

Jun 06, 2016 07:10 AM
Rainmaker
1,507,415
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

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.

Jun 06, 2016 07:06 AM
Ambassador
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Fred Griffin presently on Leave of Absence
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

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.

Jun 06, 2016 06:16 AM
Rainmaker
417,716
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

If i was representing tbe buyer we would delay the closing until the house is vacated. Too many variables in play.

Jun 06, 2016 05:43 AM
Rainmaker
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Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Fortunately, not. And that's also why I tell sellers not to sell their homes until tenant is out.

Jun 06, 2016 10:55 PM
Rainmaker
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Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

"New owner can move in with him"   Terrific - new owner should move in the beehives and rotweilers first!! 

Jun 06, 2016 10:50 PM
Rainmaker
823,488
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Just pay the tenant to move - some people just have gaul!

Jun 06, 2016 10:46 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

May be best to just wait him out. and if not out on August first he will have an eviction on his record.

Jun 06, 2016 03:03 PM
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Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

Barbara Todaro has the best solution. In my neck of the woods the landlord/tenant laws favor the tenant.

Jun 06, 2016 12:52 PM
Rainmaker
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Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

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.

Jun 06, 2016 11:40 AM
Rainmaker
1,648,883
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker and Attorney Licensed in DC, MD, VA,

NO!  Sounds horrible. Can you buy him out?

Jun 06, 2016 11:18 AM
Ambassador
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Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

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

Jun 06, 2016 06:12 AM
Rainmaker
4,796,551
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Thankfully I haven't had to deal with this.

Jun 06, 2016 06:01 AM
Rainmaker
730,490
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

I would delay closing until he's out. Some states are more lenient with tenants, and others would throw him out.

Jun 06, 2016 05:52 AM
Rainmaker
2,900,344
Richard Weeks
Dallas, TX
REALTOR®, Broker

I've never heard of extending an offer for the new owner to move in.  Very strange.

Jun 06, 2016 11:11 PM
Rainmaker
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Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

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.  

Jun 06, 2016 10:30 PM
Rainmaker
2,830,961
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

No ma'am around here its called a writ of execution.  On 07/01 the sheriff would be moving him out via court order.

Jun 06, 2016 09:20 PM
Rainmaker
5,266,230
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

You need to anticipate issues like this when selling a tenant occupied property.

Jun 06, 2016 09:17 PM
Rainmaker
3,244,866
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

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.

Jun 06, 2016 06:26 PM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

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.)

Jun 06, 2016 03:51 PM
Rainmaker
586,483
Sharon Kowitz
CRS-SRES-ABR-GRI-E-Pro-CREN Fonville Morisey Cary, NC - Cary, NC
Cary, NC Relocation Specialist ~ Buying or Selling

Oh my goodness, thankfully I have not had to deal with that! I wish you the best of luck!

Jun 06, 2016 01:44 PM
Rainmaker
724,785
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

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.

Jun 06, 2016 12:36 PM
Ambassador
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Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

Yikes!  The only good tenant is a gone tenant in a DC area transaction!

Jun 06, 2016 12:35 PM
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

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.

Jun 06, 2016 12:15 PM
Rainmaker
3,191,180
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Realtors - Luxury - Divorce

Hello Lawyer ? Small brains court ?

Jun 06, 2016 11:21 AM
Rainmaker
2,394,765
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

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...

Jun 06, 2016 10:49 AM
Rainmaker
1,523,566
Sybil Campbell
Long and Foster REALTORS® 5234 Monticello Ave Williamsburg, Virginia - Williamsburg, VA
REALTOR® ABR, SFR, SRES Williamsburg, Virginia

I have not had to deal with that, I'm sorry you are going through this.

Jun 06, 2016 10:47 AM
Rainmaker
526,059
Mike & Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

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 

Jun 06, 2016 09:48 AM
Rainmaker
1,280,414
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Thankfully, I never had that happen during my property management days.  Sounds like you got some good suggestions.  

Jun 06, 2016 08:47 AM
Rainmaker
3,172,300
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

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!

Jun 06, 2016 08:16 AM
Rainmaker
1,273,642
Wayne and Jean Marie Zuhl
Samsel & Associates - Clark, NJ
The Last Names You'll Ever Need in Real Estate

Never had that happen - I'm curious to see how it turns out for you!

Jun 06, 2016 08:13 AM
Rainmaker
1,212,209
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Thankfully not, but I've had to evict people before.  I suggest the new owners get a good lawyer.

Jun 06, 2016 05:02 AM
Rainmaker
783,646
Susan Laxson CRS
HomeSmart Professionals - La Quinta, CA
Local Knowledge & Global Network

Thankfully I haven't had that situation, but definitely get an attorney to help evict them if their lease is up.

Jun 06, 2016 04:57 AM
Rainer
187,425
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL

Yes.  Attorney was quite helpful in giving them notice and evicting.  If lease expires, tenant can't renegotiate when they will leave. 

Jun 06, 2016 04:53 AM
Rainmaker
532,544
Robert May
Robert W May - Lethbridge Real Estate - Lethbridge, AB
Real estate consulting

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.

Jun 12, 2016 07:48 AM
Rainmaker
4,431,983
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

No.

Jun 06, 2016 04:50 AM