I live i AZ i bought a home for sale by owner. closed on 8-22-05 the previous owner agreed to pay for the days he stayed over have not recieved any money and he is supposed to be out by 9-30-05 what if he does not pay me? and can i kick him out if he is not out by the end of the month.. does landlord law apply?
Was there a lawyer or title company involved with the closing? What does the contract say about the closing date? What does the contract say about the "possession" date?
Please provide this information so that a proper response can be given.
Yes you can. Whether the agreement was verbal or in writing you are well within your rights to kick them out. The tenant/landlord laws would not apply in this situation because its more of a homeowner/Settlement Agreement.
If he does not pay you, then you can sue him in civil court. I have seen situations like this all of the time and I believe that the previous owner is just in the process of organizing his affars for moving out. Unless you agreed on a specific date that you expect to recieve payment from the previous owner, they probably have not gotten around to paying you. Or if they are planning on leaving SOONER than the 30th, they would probably want to wait until they actually move out before they assess exactly what they owe you.
Politely remind them to send you a payment or attempt to get some form of clarification as to when you will recieve the payment.
Reply to XXXXX XXXXXy's Post: But how can I kick him out. I recieved pmt today for sept money. now he is saying that his vehicles a van a rv and a big 8 foot x 16 foot metal moving container will be in the Driveway for another month. can i just give 5 days notice and have it all towed away? is this legal. I want to wait till i get possesion of the house to change the locks and secure it before i tackle the vehicle situation.
also there was no possesion date. but i have let him know i want the house by the 30 of sept. what kind of notice should i give. also Jack do you have a legal qulaifications to give this advice. I don't want to get in trouble later.....
A WRITTEN contract is required for real estate transactions. Please provide me with the other information previously requested - Was there a lawyer or title company involved with the closing? What does the contract say about the closing date?
I understand that there was no possession date.
If you can provide me with the requested information, I can provide you with some answers that will help protect your rights in this situation.
no lawyer was used but a title company was used. i called them up since there was no date i gave him a dead line to move out.
If you closed through a title company, a "closing date" was established. The settlement statement (normally a HUD-1, but it could be the title company's own form) will specify a "settlement date", a "disbursement date", and, probably, a "proration date".
The "settlement date" is the date of closing - per your original post, August 22, 2005. The proration date, if one is specified, is the date that the title company used to determine who would be responsible for the property taxes before and after that date. The disbursement date is the date that everybody's money changed hands.
Absent any WRITTEN agreement to the contrary, the property becomes yours on the settlement date. You are not bound by any non-written agreeements, you are not a landlord, and he is not a tenant. If he stays in possession of the property after the settlement date and does not have a written agreement signed by you to do so, he is an adversarial possessor. You may have him forcibly removed if you so desire. You would do this by contacting the police or sherriff's department and having them take care of it.
Answers to legal questions - not legal advice.
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