Closing is tomorrow BUT the tenant hasn't moved out? What do I do????

[alma_socal]

Just thought I'd updated everyone on this ongoing drama...

The tenant made some progress with moving this weekend, but he is by no means out (beds are still in bedrooms and garage is still full of crap)

The listing agent expected us to wire the money for closing today. Obviously that won't happen because we inspected the house again last night and found it wasn't vacant.

My realtor said she would talk to  them again today and tell them again that we will NOT close until he is completely out. If they don't respond quickly, then I have two choices:

1) Wait for the tenant to keep moving out one box at a time and close whenever he's done.

2) Give the seller a 48 hour notice to comply with the contract or I will cancel escrow and not buy the house.

#2 seems kinda drastic to me. I don't want to lose this house. I love the location, the floor plan, and there is nothing else on the market that I like right now. Not to mention I would lose the 8K credit. BUT, how long can I serioulsy wait??!

I don't know what else I can do. The lawyer said basically I can sue them for Specific Performance if they cancel escrow, but I don't think they'll do that. I'm sooo frustrated. My family came from Puerto Rico just to help me move, and they've been here since Saturday and NO KEYS!! ugh

[kball64]

I would be so ticked off!  I can't believe how unbelievably rude people are.  I would probably give the 48 hr notice and hope that it will scare them into action and get the rest of the crap out.  Good luck!

[Anonymous]

If I were you, I'd talk to the listing agent and offer to each throw in $200 to hire "two men and a truck" for the tenant.  It is possible he doesn't have the money or vehicle to move.  Once all his stuff is on the truck and he hands over the keys, it is over.

[Anonymous]

You should have asked your lawyer about charging the seller for every day that the renter is still there, up to a certain amount of days, or you would cancel the contract and the seller would STILL need to pay you that money.

Put the pressure on the seller so that he can put the pressure on the renter and get his butt out of there!! I hope you get those keys soon!!

[alma_socal]

UPDATE!

The listing agent made a deal with the tenant. They gave him $800 if he moved yesterday before midnight. My realtor had the money and met the guy at the house. She inspected that everything was empty, had him sign the form stating he was vacating the property in exchange for the money, and took the keys and garage opener from him.

I am wiring the money to escrow today and hopefully I'll have keys late tomorrow or Friday!!! YAYYYY!! I'm so excited!

Thank you all for your comments and support :-)

  alma

[PippiLongstockingWannabe]

Yay I'm so happy for you! That was such a frustrating experience!!

[GregB]

Exactly what I would expect - that listing agent wasn't going to lose their commission. They can expect the seller to make it up to them but a commission less $800 is way better than none at all.

[Anonymous]

A few years ago we had to leave our apartment in a rush and we couldn't take a big screen TV with us. I made a deal with one of my "friend".  You sell the TV for a me and all I need is $500. Guess what he was **** and after selling the TV for $1200 he "forgot" to send me the money... 2 months later he got busted (DUI). He had to work extra hours for months to pay back the bond for his boss.

I hope the "tenant" will enjoy his $800. :-)