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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23455
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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What to do if individual will not move from recently sold property?noted

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What to do if individual will not move from recently sold property?noted person not on lease but ha ok with leasee(mom) without paying rent?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Prior to closing on the home, was an inspection done and did the buyer make sure the home was vacant? Was there anything in the contract that advised the buyer that there was a tenant and that they would vacate prior to the closing? Why is the person refusing to leave, if the home was sold?
Customer: replied 3 years ago.
Closing date is 10/29-seller&buyer aware of tenants vacating property.person refuses to leave due to personal attachment
Thank you for the additional information. It is the obligation of the seller to make sure the home is vacant prior to closing and the buyer should perform a walk-through the day of, to make sure it is done. If it is not, they should refuse to close and threaten to go after the seller for any damages suffered, as a result of the delay. If the buyer re-reads the sale contract, it likely has a clause and language that addresses this very issue, which they need to bring to the sellers attention. As the seller, the last thing you want is to take possession and then have to deal with a hold-over tenant and go through the eviction process and take the risk of damage. If the tenant has no legal right to be there at this time, the current owner needs to proceed with eviction through the court and try and have it done, prior to the 29th. If they can not, the parties should agree to extend and change the closing date, so the home is vacant and this person is no longer there, when closing. After the proper written notice to vacate is given, the owner can proceed with eviction to have them removed. I do understand that the person has a personal attachment to the home but it does not prevent the sale and allow them to just stay.

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