purchase question after inspect - Posted by ken wedberg

Posted by Brent_IL on February 14, 2002 at 23:57:12:

If the purchase contract doesn’t require the property to be vacant at settlement, the leases are assigned to you. The seller is under no obligation to do anything about the tenant.

If you have a pending offer, withdraw it and make the tenant’s vacancy three days before closing a condition of the sale.

As a nice guy, the seller might be willing to go along with you and start the eviction. What happens if the tenant damages the unit on the way out?

purchase question after inspect - Posted by ken wedberg

Posted by ken wedberg on February 14, 2002 at 16:51:11:

We have a contract on a duplex in nice area for 178k. Comps from last year range from 195k - 205k for similar size duplexes on the same street/area, with a recent sale of 235k (it was a high end fix up)…

During the inspection, the 2nd floor unit was infested with “sewer flies”. None on the 1st floor, basement, or attic. I am having a pest control company on friday performing the termite inspection as well as address this fly situation. Tennant is month to month as she has been there for 2 years.

Question is this. Based on the cleanliness of the tennant, (or the fact that these conditions did not bother her engough to call the owner of property) first thought is to let the sale go through and then evict the tennant (month to month lease). Also have the issue of a paint job needed in the unit due to spots on the walls from the flies, some repairs to the property and misc items… however sale is “as is”.

Would you handle the tennant issue post sale or try to rectify prior to sale? Contract is favorable to eviction with 30 day notice…

What does your contract say? NTXT - Posted by Brent_IL

Posted by Brent_IL on February 14, 2002 at 17:12:24:

nt

Re: What does your contract say? NTXT - Posted by ken

Posted by ken on February 14, 2002 at 18:27:15:

The contract is a addendum to the original, as the tennant went month to month after the first years lease, therefore the renewal period is every month. The lease clearly states landlord or tenant may terminate the lease at the end of the original term, with a 30 day notice. The issue is whether I should take possession with tenant and handle eviction myself, or attempt to have current owner handle the eviction as a portion of our sales agreement?