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Seller says they aren't going to vacate at the possession date >: +
Closed on my house yesterday, but seller called me today to inform me they don't plan to vacate until Oct 20th. Our scheduled date of occupancy is Sept 28. I've already taken time off work, scheduled movers, am in the process of scheduling carpet, paint, roofers, etc. Not to mention my current rental lease ends on Oct 1st. My husband, 2 children and I will be homeless. WTH?!?!?
I'm outraged, can you tell? What can I do, legally? The seller brought up that he would be graciously willing to pay the $75/day penalty fee for staying. I ungraciously told him we didn't care about that, we care about our children having a place to live.
I've looked into the purchase agreement verbiage, which states in an occupancy addendum:
If Seller fails to surrender possession by the scheduled possession date, Seller will pay to Purchaser $75 per day. Seller is also liable for Purchaser's actual and reasonable expenses incurred as a result of the hold-over by Seller. *This occupancy addendum is not a lease. In event of a conflict btn this and any signed lease, the terms of the signed lease will control.
Am I screwed? There is no end date or # of days for overage listed, either...
Re: Seller says they aren't going to vacate at the possession date >: +
I think I'd be calling the attorney that handled the closing to see what assistance they can offer.
Is it normal where you are to not take possession for 2 weeks? I've heard of a few days, but not 2 weeks.
You legally own the home at closing and are legally responsible for it. If your contract states that he will still live in it until the end of September there is not much you can do until then but if he does not vacate on that day you can have him evicted.
If he refuses to leave it sounds like he is responsible for all the incurred expenses you have during that time plus the $75 a day. Talk to your lawyer to make sure and then tell him he is responsible for the expenses and your housing will be xxx (pick a really nice hotel to get a quote) plus food will be xxx (eating 3 meals a day at a decent restaurant) and laundry will be xxx, storage for your household goods plus moving company to move the goods into storage, ect. That would make me move!
RIP Dr. Irving Fishman - 10/1/19-7/25/10 - thank you for holding on for me.
You made my wedding day complete.
This is what I would do.