Answers (21)
- Nancy Celis, "nancycelis"
- Contributions:107
- Igor Stolper, "Igor Stolper"
- Contributions:6
- Stina W
- Contributions:1
The seller has said they need the funds to move. We closed on Wednesday and the seller is supposed to be out on Saturday at 5pm but when we did a walk-through yesterday they still hadn't started packing.
I'm super stressed because we've given notice on our rental (and I'm pregnant) and have contractors booked to start working on Monday. CAn a 3-day eviction work for us? How realistic is it that they would be out in 3 days?
- Ryan Bos, "ryanbos"
- Contributions:147
- David Akram, "David Akram"
- Contributions:83
Good Luck!
- Renee Kische, "ReneeKische"
- Contributions:50
- Ofe Polack, "Ofe Polack"
- Contributions:3408
- Daniel & Gary Boyer, "Southland Properties"
- Contributions:43
The minute the property closes escrow, the buyer (you) became a landlord and the seller became a tenant. Everything that happens after that is covered under Landlord/Tenant laws in California. If the seller does not move out as agreed, you must start the eviction process immediately. As the seller starts to give you excuses as to why they can't move, you are just postponing the inevitable. Most of the time it is just an inconvenience as the seller didn't realize how much time it would take to pack or their new place isn't ready as soon as they thought. BUT if you don't start the process, you may still be asking this question in 30 days and have to start then.
You can start the eviction yourself, but it is usually best to contact an attorney. Most eviction attorneys will send the inital 3 Day notice for a nominal fee, understanding your prediciment and that they probably will not be handling a full evicition. You just want the seller to know you're serious.
- Sandra Green-Murray, "sgmmgs"
- Contributions:147
- David Akram, "David Akram"
- Contributions:83
Hope this helps.
- Cyndi Lesinski, "Cyndi Lesinski"
- Contributions:441
- Risa Liebster, "Toluca Lake Homes"
- Contributions:42
- Robert Walker, "So Cal Agent"
- Contributions:1425
A three day isn't going to work because a three day is to pay rent or quit.
Since there is no apparent agreement on the amount of rent, this can get rather sticky.
Not being an attorney, I can only guess that this is a breach of contract... But then again the contract also calls for a PAA, which doesn't seem to have been included.
I sure am glad I am not the agent representing the buyer, LOL!!
Correction below: that would be at 5PM the day recorded, not the day of closing of escrow...
- Robert Walker, "So Cal Agent"
- Contributions:1425
There is a link to the California Court System which allows you to ask questions. The link is California Court Self Help Center.
You may simply ask the current resident if they will be moving out on time to get a sense of what lays ahead.
Sometimes a simply inquiry clears up any misunderstandings... Some people have their plans as where they are going but want to make sure that the tranasaction is really going to close.
Without the PAA, you may have to fight an uphill battle to collect any holdover. I hope that it doesn't come down to that.
Good luck
- Karen Oliver, "right1"
- Contributions:20
Good Luck! Let us know how this turns out.
- TomMCA
- Contributions:4
- Robert Walker, "So Cal Agent"
- Contributions:1425
The default of the contract (RPA-CA) is at 5PM on the day of close of escrow. Any holdover is to include the CAR form PAA. This will break down the agreements for any hold over.
It is true that hold over is customarily three days, but it must include the PAA which is noted on the RPA-CA, Pg 3, sec 5B.
Of course this applies only when using CAR forms, which if you are not using a Realtor, they may be using different forms entirely.
Another option that I had an escrow officer do... I was the selling agent and the escrow officer requested that I confirm the home was vacant prior to her recording... Your agent cannot stop escrow; you will have to make that call. One thing to consider, sellers want their money and you want the house, you may want to consult a real estate attorney to see if that is an option due to a possible breach of contract. I don't know what she would have done if it was occupied, but this was something that she seemed to be concerned about.
Good luck, I hope it works out for you.
- nealadler
- Contributions:209
- ProfessorBaron
- Contributions:308
The normal is that they are moved out at 5pm on date of close of escrow (per CAR contract), but of course you always prefer they are out a few days earlier so you can inspect and make sure the house is in the same condition as before.
Hopefully they will be vacating and you won't have to evict.
- Ofe Polack, "Ofe Polack"
- Contributions:3408
- wetdawgs
- Contributions:40808
I'm horrified that the agent allowed you to get in a contract with "close of escrow plus 3". They don't get our money until we have had a final walk through on an empty house (including CA purchases), and we have written every purchase offer that way.
Close of Escrow plus 3
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