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Buying a house that needs tenants kicked out
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amother
Aquamarine


 

Post Sun, Apr 22 2018, 8:06 am
We saw a house thrat for many reasons is a very good house for us. There is one rather large catch. The owner won’t deliver it vacant. This house is in Long Island. Current tenants don’t have a lease and are just on a month to month basis. I’ve spoken to a few real estate people and lawyers. Some say stay far away others say what’s the big deal there is a good chance they will go peacefully after they get notice and even if not the law is on your side of there is no lease. I’m so conflicted if we should go ahead with house
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amother
Oak


 

Post Sun, Apr 22 2018, 8:21 am
Its a major hassle and can be really expensive to kick out tenants even if they don't have a lease.

It took my parents a full year to evict their tenant after their lease was up. They were given a full year notice that they need to move out. When year was up they refused. My parents offered alot of money, they put it in escrow with a lawyer. It didn't help. Bais din was a waste of money and time. They have no power. The court got them out.

Stay away.
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amother
Aquamarine


 

Post Sun, Apr 22 2018, 8:23 am
The tenants are not Jewish and we would go to court right away if they weren’t out after 30 days notice
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shoshanim999




 
 
    
 

Post Sun, Apr 22 2018, 8:28 am
Very typical when making an offer on a house with potential tenants to make 2 different offers depending on whether house is vacant or with tenants. Usually around 25,000. For example your offer might be 700,000 if house is vacant and 675,000 if tenants are still there. There's no question you are taking a bit of a risk if the house comes with tenants and should therefore not offer the same amount.
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amother
Aquamarine


 

Post Sun, Apr 22 2018, 8:35 am
shoshanim999 wrote:
Very typical when making an offer on a house with potential tenants to make 2 different offers depending on whether house is vacant or with tenants. Usually around 25,000. For example your offer might be 700,000 if house is vacant and 675,000 if tenants are still there. There's no question you are taking a bit of a risk if the house comes with tenants and should therefore not offer the same amount.


There was a 20k difference empty or as is. The owner was not willing to include a mortgage contingency in the contract if it’s empty. It’s an expensive house and I’m not willing to put so much money at risk. The question is now do I walk away or do I take and need to get rid of tenants....
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shoshanim999




 
 
    
 

Post Sun, Apr 22 2018, 8:45 am
amother wrote:
There was a 20k difference empty or as is. The owner was not willing to include a mortgage contingency in the contract if it’s empty. It’s an expensive house and I’m not willing to put so much money at risk. The question is now do I walk away or do I take and need to get rid of tenants....



Assuming you take the house empty and the seller is not willing to waive the mortgage contingency, does that stipulation present risk to you? In other words, if you have good credit and can document income then you will be able to get a mortgage. Banks want to do business if you meet their criteria. If you have what the bank will ask for, it's not really a risk waiving the mortgage contingency. You know your credit score and income. Do you have reason for concern? If your ability to secure a mortgage is even slightly in doubt then you obviously can't waive the mortgage contingency.
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amother
Beige


 

Post Sun, Apr 22 2018, 8:52 am
Don’t do it. Speaking from experience, evicting tenants is expensive and stressful! (even when they’re not paying the rent)
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amother
Periwinkle


 

Post Sun, Apr 22 2018, 9:28 am
Ok, let’s differentiate between evicting in NYC (notoriously difficult), and New York State (easier). For example in state of Ohio - it’s really easy. So I think you should speak with a lawyer so that you know exactly what you are getting yourself into. Make a decision based on facts, not feelings.
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amother
Aquamarine


 

Post Sun, Apr 22 2018, 9:39 am
amother wrote:
Ok, let’s differentiate between evicting in NYC (notoriously difficult), and New York State (easier). For example in state of Ohio - it’s really easy. So I think you should speak with a lawyer so that you know exactly what you are getting yourself into. Make a decision based on facts, not feelings.


This house is in Long Island. I spoke to two lawyers. A real estate lawyer who broker referred us too made it sound like it was no big deal and not expensive and all the work is really the lawyer not us. Then again he want a client. I spoke to a family friend lawyer who used to work in the nyc court system but not specialized in real estate and he said stay away.
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amother
Floralwhite


 

Post Sun, Apr 22 2018, 9:52 am
OP, if theoretically it takes a year to get the tenants out, a year in which the tenants are not paying rent, would you be ok with that? And $10,000-$15,000 in legal fees.

If that makes sense for you, go for it.

I'm saying a year to get them out, them not paying rent, and $10,000-$15,000 in legal fees because I think those are probably reasonable averages to expect, not knowing any of the specifics. Could be more or less of course.
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amother
Mauve


 

Post Sun, Apr 22 2018, 9:55 am
amother wrote:
This house is in Long Island. I spoke to two lawyers. A real estate lawyer who broker referred us too made it sound like it was no big deal and not expensive and all the work is really the lawyer not us. Then again he want a client. I spoke to a family friend lawyer who used to work in the nyc court system but not specialized in real estate and he said stay away.


This isn't legal advice. Speak to a real estate lawyer who practices in the local LL/T courts who is unconnected to your realtor. Some courts are easier than others.

BTW your Realtor needed to refer you to at least 3 attorneys. She is steering right now which is unethical.
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amother
Babypink


 

Post Sun, Apr 22 2018, 12:37 pm
Lawyers may say "its no big deal" bc they want the business and they are not affected by the hassle. You will be stressed if you have to deal with issues. 1) the tenants may be upset at hAving to leave and may cause damage or.. 2) no matter how easy"" someone says it is, the reality is that it depends on if the tenants give you a hard time .....
Just know that it could be a hassle depending on so many factors .....
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amother
Powderblue


 

Post Sun, Apr 22 2018, 3:23 pm
not worth it
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Kumphort




 
 
    
 

Post Sun, Apr 22 2018, 3:37 pm
Stupid question. Have you spoken to the current tenants to see what their deal is? Are they planning on giving a hard time? Who says they won’t cooperate? Not sure the laws in LI but laws in NYC make it very hard and long to evict someone
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amother
Natural


 

Post Sun, Apr 22 2018, 3:48 pm
My landlord sold the house I lived in.
At first he asked me verbally to move. I started looking for another apt but it took time.
Next, the landlord sent me written formal notice to leave. I was on a month by month, because the lease had expired.
I didn't leave at thirty days because of the difficulty in finding another apt.
The landlord went to court.
The law is on the landlord's side.
If I were in your situation I would: have the current landlord give friendly verbal notice, then have landlord follow it up with written notice. And I'd do it properly. If done improperly, you'll have to redo it and it will delay the eviction.
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amother
Aquamarine


 

Post Sun, Apr 22 2018, 4:32 pm
amother wrote:
My landlord sold the house I lived in.
At first he asked me verbally to move. I started looking for another apt but it took time.
Next, the landlord sent me written formal notice to leave. I was on a month by month, because the lease had expired.
I didn't leave at thirty days because of the difficulty in finding another apt.
The landlord went to court.
The law is on the landlord's side.
If I were in your situation I would: have the current landlord give friendly verbal notice, then have landlord follow it up with written notice. And I'd do it properly. If done improperly, you'll have to redo it and it will delay the eviction.


Where are you located. The landlord will not tell the tenants anything because he wants to collect as much rent from them as he can. They are not stupid though. They know the house is on the market and if it goes to contract they will know because inspectors and appraisers will be coming. The law is totally on my side and for all I know they will leave peacefully once we give them notice but there is no way to know.....
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amother
Aqua


 

Post Sun, Apr 22 2018, 11:31 pm
Fairly certain the law is strongly with the landlord in Nassau County but much more favorable to tenant in NYC. Perhaps that's why you're getting conflicting info.
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amother
Natural


 

Post Sun, Apr 22 2018, 11:33 pm
amother wrote:
Where are you located. The landlord will not tell the tenants anything because he wants to collect as much rent from them as he can. They are not stupid though. They know the house is on the market and if it goes to contract they will know because inspectors and appraisers will be coming. The law is totally on my side and for all I know they will leave peacefully once we give them notice but there is no way to know.....

In Brooklyn
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losingweight




 
 
    
 

Post Mon, Apr 23 2018, 12:45 am
Can you speak to the tenants before you sign? Introduce yourself as a potential buyer of the house and tell them you have intentions of vacating the premises. See their reaction. They may just say ok and look to move soon.
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DrMom




 
 
    
 

Post Mon, Apr 23 2018, 1:56 am
Can someone explain to me why tenants with a month-to-month lease are difficult to force to vacate a property once their lease expires?
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