Question by Jeff Hays:
I closed on a house the 15th of this month. The closing was delayed a couple of times so the seller was not ready to move out the same day as the closing (contract had set possession as same day as closing). I gave her 2 weeks to be out of the house which is tomorrow. I went by the house today and nothing is packed. She says she will get her stuff out (and has given me a copy of the keys) but I don't see it. My dumpsters are coming tomorrow.
How best do I get her out and stay within the law?
Answer By William Bronchick:
If the issue is not addressed in your purchase contract (which it should be), then she is simply a holdover tenant. You must go through legal process to get her out. This involves serving a notice to quit, then commencing a court proceeding. The process of eviction is not difficult, but it is technical, so make sure you use an attorney the first time you try it. The faster and more practical way is to show up with a moving truck and offer to help!
Disclaimer: The foregoing is not intended to be given as legal, financial or tax advice, but intended for instructional use only. If you require legal, financial or tax advice you should seek the assistance of a qualified professional.
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