If a home is rented and the owner places it on the market for sale the renters are served the proper notices once an offer has been accepted. If required they will have to leave the premises for the new owners. This process is usually peaceful and orderly, and while tenants may not like it, they understand the owner does have the prerogative to sell a house he/she owns.
I have had clients that purchased a home in this situation however the turnover process was hardly orderly.
My clients purchased a 2-storey home that was in need of some cosmetic touches as the current tenants were not taking very good care of the property. My clients fortunately could see past the cosmetic work that was required. The tenants did what they could to make showings be uncomfortable, following us around the house during the showings etc. Undeterred my clients put an offer in on the home and after some back and forth the offer was accepted.
The tenants were served the requisite notices and were given almost 80 days to move before the deal closed. I suspected things may not go according to plan and sadly I found out quickly this was not going to be easy. We had scheduled a home inspection on a Saturday morning. I arrived and found the home inspector had arrived before me. He informed me he wasn’t going anywhere near the property as there was a very large dog tied to the front porch prohibiting us from getting to the front door to knock. He also advised me there was a little girl playing on the front yard when he arrived but she had since gone into the house. We assumed her parents were inside.
I’m no Caesar Milan but I am very comfortable around dogs so I approached the door. As I got closer the dog obviously barked and made a bit of a show but I suspected he was not going to bite so I approached. We became friends so I rang the doorbell……repeatedly. Knowing that they were inside and refusing to answer and knowing that they had ok’d the home inspection was maddening. I continued to knock which evolved into pounding on the door. Still no answer. I called the listing agent to see if he could call them and get them to answer the door. He had no luck but urged me to keep pounding, so I did. After likely waking the rest of the neighbourhood up the tenant finally answered the door unapologetically and let us in.
For the next 3 hours we conducted the inspection with the tenant standing beside us every step of the way…..AWKWARD!!!
Finally inspection being completed other than the filth and new paint and flooring the house was in pretty decent shape. At this point in time the market was increasing in values so my clients got a pretty good deal.
We waited for the weeks to pass by for our closing date. As the date got closer and closer I periodically checked the house and it appeared to me they were nowhere near ready to move out. I advised the listing agent of this as well. At this point the tenant stated he was having a hard time finding a place to go to.
The week before closing I knew these tenants were not going to leave the house despite the landlord forgiving three months of outstanding rent. I called my clients lawyer and advised we will likely need to extend the closing date. Fortunately, my clients who had moved here from Alberta, were living with family, so while inconvenient, it was not a desperate situation that they couldn’t get in on the closing date. Sure enough the tenants did not vacate the property so the closing date was extended. Time went by and the next closing date arrived with the tenants still in the property. Meanwhile property values were increasing rapidly during this time. The owner was offering to let our clients out of the deal. He knew he could sell the property for more money so it worked for him to release my clients from this deal. One of my clients was considering this as an option. To help calm my buyers down I kept reminding them they should stay the course and close on this house as they were making money every day that goes by.
After three revised closing dates my clients finally got possession of the house.
Of course it was a disaster inside. I took pictures and reminded the selling agent that the house was to be turned over in a clean condition. He agreed and the seller had a cleaning crew come in and do their best. My clients took possession and immediately went to work to make it their own. Fast forward 3 years later the house looks amazing and they have a beautiful family home. While aggravating my clients both agreed it was worth the wait to get.
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A messy close
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