Get my Seller Out of my House!!

What is the name of your state? Florida

My husband and I purchased our first home in December of 2002. We had a verbal agreement with the Seller that we would allow them to stay in the property "until their new house is built" which they assured us would be no later than March. There is nothing in our contracts which states a final deadline or when they will eventually have to leave. The problem is, every month they keep pushing the date back farther and farther. Our real estate agents keep telling us that this is out of their hands even though we believe they wrote a faulty contract. The situation is coming to a head because we will be at the end of our current lease July 31. The seller is still in our home and since we have no real lease we are not sure where to go from here. The seller is paying us rent (thus our mortgage is paid) but we really want our house!!!

[I AM ALWAYS LIABLE]

Originally posted by oneday
What is the name of your state? Florida

My husband and I purchased our first home in December of 2002. We had a verbal agreement with the Seller that we would allow them to stay in the property "until their new house is built" which they assured us would be no later than March. There is nothing in our contracts which states a final deadline or when they will eventually have to leave. The problem is, every month they keep pushing the date back farther and farther. Our real estate agents keep telling us that this is out of their hands even though we believe they wrote a faulty contract. The situation is coming to a head because we will be at the end of our current lease July 31. The seller is still in our home and since we have no real lease we are not sure where to go from here. The seller is paying us rent (thus our mortgage is paid) but we really want our house!!!

My response:

If it's your plan to take over the possession of the house by July 31, 2003, then I would suggest that you immediately have your seller served with a 30 day Notice to Vacate. If, on the deadline, they fail or refuse to vacate, then you'll have to file and serve them with a an action for Unlawful Detainer - - that way, the court will order them out.

IAAL

[HomeGuru]

Writer, your real estate agent made a huge error and should have advised you to make no verbal agrements and should have written a formal lease agreement with the requisite terms ie. rental amount, expiration date etc.