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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37846
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am in Indiana and yes the tenants need to be removed from

Customer Question

I am in Indiana and yes the tenants need to be removed from the property prior to closing
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
So my question is this. Can they make an offer asking the seller for an allowance to replace the heating system?.Yes, they can make an offer contingent on anything that they want to, as long as it is legal. So they can basically make an offer on the property for whatever price that they want, but make it conditioned on the seller replacing the gas furnace with a heat pump prior to closing. The reduction in price wouldn't likely work because that doesn't get the heat pump put in prior to closing and the bank wouldn't make the loan..""And 2. does the heat pump have to be installed before underwriting can approve loan?""..Yes, the underwriters aren't going to take everyone's word on this being done and will want something in writing from a HVAC company stating that they have changed out the units...thanksBarristser
Customer: replied 2 years ago.
I don't understand this doesn't have anything to do with my question
Expert:  Barrister replied 2 years ago.
I apologize, somehow some text from another question ended up in yours...This is the only thing I see in the question... .I am in Indiana and yes the tenants need to be removed from the property prior to closing.Was this the question where the lease was up in Sept and you were concerned that they wouldn't move?When is closing scheduled for?..thanksBarrister
Customer: replied 2 years ago.
the lease ends on September 1st 12:01 am and I am concerned they will not leave and I am supposed to close on the house in mid September. they have been givin the 30 days notice that we will not be renewing the lease so I don't see any legal reason they can stay, I just don't want them to cost me the sale since what I can see is that it would take another 30 days to go through the eviction process
Expert:  Barrister replied 2 years ago.
I am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer..As for the tenant, there is no way to absolutely guarantee that they will be moved out on Sept 1. However if they don't, and the lease ends Aug 31, you can immediately file for eviction on Sept 1. But you are correct that it could take around a month from the time you file to the time you could have the sheriff physically remove the tenant..With that said, you can't go in on Sept 1 and throw the tenant out or that is an illegal eviction and they could then sue you. .So I might suggest that you offer them some type of incentive to be out on time so you don't have to pursue an eviction. I might offer them some amount of money if they are out on time and the property is clean. I would then say that you really don't want to have to file an eviction case on Sept 1, as it will damage their credit and hurt their chances of renting somewhere else, but you will have to do so if they haven't moved on time..The combined offer of money and the threat of negative credit aspects and rental problems in the future is your best way to ensure that they move out on time...thanksBarrister
Customer: replied 2 years ago.
can I file the 30 day notice to quit on august 1st so that on sept 1st I could go to the court and that way I am thirty days ahead?
Expert:  Barrister replied 2 years ago.
You don't need to file a 30 day notice once the lease has expired. If the lease expired Aug 31, then Sept 1 you can file an eviction complaint in court without any further notice. But the actual eviction process will take around a month for the service of the complaint, any Answer, the actual hearing, then having a writ issued, then having the sheriff execute it and evict..But if you want to give them a 30 day notice Aug 1, feel free to do so. It doesn't really add anything to your legal rights, but it might reinforce the fact that they need to be out by Sept 1...thanksBarrister
Customer: replied 2 years ago.
what would the complaint be that I have to file on sept 1 ?
Expert:  Barrister replied 2 years ago.
Eviction complaint in Superior Court..<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
16.8pt">There are typically two hearings. The first hearing is to decide who has the right to possession of the apartment. If the tenant is in violation of the contract (for example, if the tenant hasn't moved after you have terminated the tenancy), the landlord will have the right to possession and the court will order that the tenant be out by a certain date. This is usually within a few days of the court hearing. After getting the judgment for possession, then you can have a sheriff physically remove them and put any belongings out on the curb if they don't move by the date the judge specifies.<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
16.8pt"> <p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
16.8pt">There is often a second hearing for the court to decide if the tenant owes the landlord any money. The tenant can also tell the court if the tenant thinks the landlord owes the tenant any money. .There are typically two hearings. The first hearing is to decide who has the right to possession of the apartment. If the tenant is in violation of the contract (for example, if the tenant hasn't moved after you have terminated the tenancy), the landlord will have the right to possession and the court will order that the tenant be out by a certain date. This is usually within a few days of the court hearing. After getting the judgment for possession, then you can have a sheriff physically remove them and put any belongings out on the curb if they don't move by the date the judge specifies..There is often a second hearing for the court to decide if the tenant owes the landlord any money. The tenant can also tell the court if the tenant thinks the landlord owes the tenant any money. . ..thanksBarrister<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
normal">
Expert:  Barrister replied 2 years ago.
Eviction complaint in Superior Court..<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
16.8pt">There are typically two hearings. The first hearing is to decide who has the right to possession of the apartment. If the tenant is in violation of the contract (for example, if the tenant hasn't moved after you have terminated the tenancy), the landlord will have the right to possession and the court will order that the tenant be out by a certain date. This is usually within a few days of the court hearing. After getting the judgment for possession, then you can have a sheriff physically remove them and put any belongings out on the curb if they don't move by the date the judge specifies.<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
16.8pt"><p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
16.8pt">There is often a second hearing for the court to decide if the tenant owes the landlord any money. The tenant can also tell the court if the tenant thinks the landlord owes the tenant any money. .There are typically two hearings. The first hearing is to decide who has the right to possession of the apartment. If the tenant is in violation of the contract (for example, if the tenant hasn't moved after you have terminated the tenancy), the landlord will have the right to possession and the court will order that the tenant be out by a certain date. This is usually within a few days of the court hearing. After getting the judgment for possession, then you can have a sheriff physically remove them and put any belongings out on the curb if they don't move by the date the judge specifies..There is often a second hearing for the court to decide if the tenant owes the landlord any money. The tenant can also tell the court if the tenant thinks the landlord owes the tenant any money. . ..thanksBarrister<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
normal">