Zillow Advice: Home Buying - Going on Closing but property is still occupied http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ Zillow Advice | Zillow Real Estate The contract on the property ... http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ <p>The contract on the property is supposed to be vacant no carrying tenant along.</p> Sun, 01 Sep 2013 00:50:00 GMT http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ 2013-09-01T00:50:00Z If your contract was that ... http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ If your contract was that the house was going to be vacant, then don't close.&nbsp;&nbsp; Absolutely don't close if the tenant has over stayed their legal right to be in the place because eviction takes time and costs money.&nbsp;&nbsp; Signing tomorrrow will turn their headache into your headache. <br/><br/>If the tenant has a lease that lasts&nbsp; beyond the closing date, legally the tenant has the right to stay.&nbsp; So, at closing you will need to get the lease materials and deposit.&nbsp;&nbsp; <br/><br/> Thu, 29 Aug 2013 14:42:00 GMT http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ 2013-08-29T14:42:00Z Your Agent should had advise ... http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ Your Agent should had advise you of the tenant status thru out the buying process. If you close on the property and the Atty records the Deed, you now own the property and the tenant should have an agreement with you in reference to his or her stay. you may need to consult an Atty as to your position of this matter.&nbsp; Thu, 29 Aug 2013 14:28:00 GMT http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ 2013-08-29T14:28:00Z Read your contract.&nbsp; ... http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ Read your contract.&nbsp; Is the house supposed to be turned over vacant or with tenant in place?<br/><br/>You are entitled to a walk through so YES absolutely delay closing so you can get your walk through done. Thu, 29 Aug 2013 14:21:00 GMT http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ 2013-08-29T14:21:00Z First work with your agent ... http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ First work with your agent and their broker, they work for you. It is never too soon to talk to a good RE Attorney, your agent, their broker, or your Loan officer should be able to give you a great referral.<br/><br/>I lean toward agreeing that you&nbsp;should postpone the settlement, but listen to the advice the pro's you are already working with have!<br/><br/>Best wishes, Jim Thu, 29 Aug 2013 14:18:00 GMT http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ 2013-08-29T14:18:00Z You must check with an attorney. ... http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ You must check with an attorney. I don't know what state you're in and the laws are very different in each state. In my state, I believe if you proceeded to close tomorrow and the tenant refused to leave after closing you could incur legal and court fees in an effort to get them out PLUS you have no idea what condition they will leave the home in. AND the current owner has the security deposit.<br/>Good luck Thu, 29 Aug 2013 13:44:00 GMT http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ 2013-08-29T13:44:00Z You can, yes. I would not ... http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ You can, yes. I would not !!!!!!!!!!!&nbsp; I would delay closing until the house is vacant. What if that tenant won't leave and forces you to evict them? Delay the closing. Thu, 29 Aug 2013 13:42:00 GMT http://www.zillow.com/advice-thread/Going-on-Closing-but-property-is-still-occupied/509131/ 2013-08-29T13:42:00Z