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Whether or not you can evict them depends on 2 things:
1. Do they continue to pay rent on time as agreed; and
2. What the written agreement says will happen if they do not move out by the end of September.
If they continue to pay you rent and the written agreement is silent as to what would happen if they did not move out by the end of September, then the Courts would say that a reasonable amount of time after the end of September is acceptable. I know this is not fair, and it's not right, but the law gives a "reasonable amount of time" for your sellers to get their house built. I would say that a "reasonable amount of time" would be until the end of this month (October) to mid- November to the end of November.
What you should do is write them a letter, sending it certified mail, return receipt requested, telling them that you have been patient, but it is now causing you serious inconvenience and financial hardship. Therefore, you must demand that they vacate the property by November 30, 2010, otherwise you will be forced to take legal action.
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ANDREA, JD, LLM
MEMBER, NY & PA BAR
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