Help with a what if senerio

[Stephen1151]

I am buying a townhome. Long story short is the tenent asked if they can stay and extra month...I phoned there property management company and was told these particular people are refusing to pay there last few months of rent... Obviously I told them they could not stay.



What would happen if in the worst case senerio they do not leave? the seller has put in the contract that they would deliver me the property free of any tenent....Im hoping they can deliver!

 

[margaretcowan]

Where is the property? You're in Abbotsford, BC so perhaps it's in BC. If yes, you and the current owner have to follow BC's provincial landlord and tenant laws. If the tenant hasn't paid a few months' rent, has the current owner issued them an eviction notice?



Why is the tenant refusing to pay rent? Where are the tenants and the current owner in their dispute? This has to be resolved before you take over the property or it becomes your problem to solve. Depending on the issue, you could land up defending yourself against the tenant with the landlord and tenancy office which is often biased in favour of the tenant.



The current owner may be optimistic in saying s/he can deliver a vacant townhome. Either the tenant gives notice they're moving out or they do a midnight move, or the landlord has grounds for eviction and gives the tenant notice to move out. Those are the only ways a tenant leaves and you get a vacant property.



Good luck,

Margaret

Mama Margaret & Friends Cooking Adventures In Italy

www.italycookingschools.com

 

[Thomas Beyer]

[quote user=stephen].. they would deliver me the property free of any tenant ..


2 options here:



1) you do not close until that happens .. i.e. do not give sufficient money to your lawyer .. if this is an option for you, as this may put the purchase and your downpayment $s at risk !



2) you close and apply for the necessary eviction process via court. In BC it takes many month to get a tenant out, and if you are the new landlord the old landlord should forward to you all paperwork re "late rents", eviction notices, court or rentalsman applications etc. ..

 

[2ndstory]

If that is a clause in your offer to purchase, and they signed off on it, you need to push for that. That's why you have a lawyer. Your lawyer should not be releasing any funds until all the conditions of the sale are met.



I just bought a house and when I got possession I went in and the vendor had left a bunch of things behind that were not part of the offer to purchase. In other words, I had said I would take the appliances, but I didn't want the dirty old sofa bed and easy chair or the treadmill and whatever else they left behind. So what did I do? Called my lawyer right away. He got a hold of them, and is holding back money to have the mess cleaned up.



Call your lawyer.



Nik

 

[Thomas Beyer]

[quote user=2ndstory]is holding back money to have the mess cleaned up.


this is not necessarily legal .. and a shrewed seller might now reneg on the deal.



Usually you canNOT unilaterally decide to hold back money .. unless explicitly stated in contract !



Certainly, the buyer and seller, via their respective lawyers can agree to do that .. but not always are both buyer and seller, via their lawyers, in agreement !



Therefore, with an uncooperating seller, in a deal that is worth perhaps $250,000 .. and the mess is say $4000, you may wish to close AND THEN demand payment later for breach of contract !