Post # 1
Okay SO we had an inspection today on the home we have an accepted offer on. The situation is a little unique in that this is an estate sale. The seller of the home is the son of a woman who died. The woman who died was married to a man (the seller of the homes’ stepdad) who still lives in the home as a tenant.
I’m not sure of the stepdad’s legal rights to the home but he is very bitter that his stepson his making him leave the home he has lived in with his wife for the past 7 years. The stepson lives across the country.
Today during the home inspection he told my FIL that he wasn’t going anywhere and that he did not want to leave this house. He mentioned that he would be taking certain things with him (2 AC units, custom blinds for the sunroom that he paid for – but would clearly have no use for since the blinds are custom)…
The bizarre thing is that he was very friendly in showing us around the house and discussing all the work him and his wife had done on the house. As we left he said “enjoy the house”…
WTH! I am so confused…we are paying all cash so the process *should* be quick with the exception that he hasn’t even started boxing things up or getting ready to move out the YEARS AND YEARS of stuff that had been accumulated over time (he lived there 7 years but his wife lived there longer).
He has been living there for the past year and paying nothing. He was just served with an eviction notice.
I’m so confused! From what I understand, he is to receive a chunk of money from the sale of the home…has anybody been through anything like this before?
Post # 3
@serenitea: It was an issue in one of the houses we looked at. We didn’t make an offer on it though. If you go with it, be very careful about noting everything that’s included and noting the model numbers too.
Post # 4
I am not sure this could be considered a rental situation, but it might be a good idea to get familiar with your states landlord/ tennet laws.
We were looking at duplex’s, with the intention of renting the upper to some friends of ours. One of the rental’s we were trying to look at, the tenents kept on kicking the realtor’s out, preventing it’s being shown. The owner lived out of state, and there is little incentive for them to evict the tenents early over the matter.
I am not sure if there is any sort of paperwork regarding a proper lease, and am not sure if this could be considered a month-to-month lease. If so, at least in my state, you have give him a 60 day notice of eviction. Unfortunatly, when you buy the property, you inherite any legal tenents. I have no idea if their is no legal paperwork, if he would be considered a proper renter though.
Honestly, regarding the personal property, I’d pick my battles. If it doesn’t state the items in the contract, then it might not be worth your time or effort to go after them.
Post # 5
If you are not prepared to get into a possible lengthy eviction and other legal battles that could see you paying for the house but not living in it for months and months, I would walk away. There are other houses. It’s not worth paying to rent a place while you wait 6 months for him to be evicted, and all the months after that you’ll have to spend pursuing him for damages if he trashed the place or takes things he wasn’t supposed to.
Are the AC units window units? Those are standard to remove. Blinds and other custom window treatments are not supposed to leave the house unless that’s negotiated.
Why was your FIL there without you? Always go to everything, including the inspection! Make sure you are seeing/hearing everything first hand so that you can make the best choice possible!