how to evict sellers of our new primary residence?

[Guitarzz]

Ohio

Got title to new house last week. Sellers are still there! Our dates on our contract had lapsed. We tried to get them to sign an addendum with new dates but they refused. Long story, they were trying to hold this house sale hostage for leverage in some unrelated matter in their lives. When our proceeds from our sale hit the bank, the title company went ahead and transferred title to us.

Since we didn't have any contract allowing them to stay in the house after we got title, they need to get out asap?

We are supposed to be out of our old sold house in seven days! Doesn't an eviction take several weeks? This is not a renter, it is the old owner of the house. We have no idea why they are being difficult at this point.

Am I going to have to evict (how long should that take?), and am I going to end up owing rent and damages to the people who bought from us who won't be able to move in when we agreed, and aren't the sellers of my new house liable to me for all those costs as well as my own costs for these delays?

Thanks!

[seniorjudge]

GENERALLY most states put evictions on the "rocket docket".

You need a lawyer.

Yesterday.

[xylene]

Originally Posted by Guitarzz

I going to end up owing rent and damages to the people who bought from us who won't be able to move in when we agreed, and aren't the sellers of my new house liable to me for all those costs as well as my own costs for these delays?

Don't due to your buyers what this seller chump did to you.

Get a storage unit and weekly rental at econo lodge.

That way the only legal battle you have is with the seller.

And get a lawyer.

[LindaP777]

In Ohio, we have a "writ of possession". File today, they will be out in 3 days (or is it 5, I can never remember?) once the sheriff serves them. You will have to make arrangements to move all the possessions to the curb if they do not move out of their own accord.

Shame on your Realtor for not being there to help you! That's what their overpriced commission is for!

[HomeGuru]

Originally Posted by Guitarzz

Ohio

Got title to new house last week. Sellers are still there! Our dates on our contract had lapsed. We tried to get them to sign an addendum with new dates but they refused. Long story, they were trying to hold this house sale hostage for leverage in some unrelated matter in their lives. When our proceeds from our sale hit the bank, the title company went ahead and transferred title to us.

Since we didn't have any contract allowing them to stay in the house after we got title, they need to get out asap?

We are supposed to be out of our old sold house in seven days! Doesn't an eviction take several weeks? This is not a renter, it is the old owner of the house. We have no idea why they are being difficult at this point.

Am I going to have to evict (how long should that take?), and am I going to end up owing rent and damages to the people who bought from us who won't be able to move in when we agreed, and aren't the sellers of my new house liable to me for all those costs as well as my own costs for these delays?

Thanks!

**A: you need to hire an attorney to evict per the L/T law.

[Guitarzz]

Thanks everyone. My lawyer is talking to his lawyer today.

Everything I can find about eviction seems to have to do with tenant's rights and that sort of thing. Does anyone have an article that describes the process in this context?

Sorry but just because I have a lawyer does not mean I don't want to fully understand everything and make informed decisions about this.

[HomeGuru]

Originally Posted by Guitarzz

Thanks everyone. My lawyer is talking to his lawyer today.

Everything I can find about eviction seems to have to do with tenant's rights and that sort of thing. Does anyone have an article that describes the process in this context?

Sorry but just because I have a lawyer does not mean I don't want to fully understand everything and make informed decisions about this.

**A: the day the property closed, the Sellers instantly became hold over tenants of yours.
That is why you need to evict under the L/T law. You have a further claim on the real estate side for breach of contract etc. but that is an entirely different issue.

[LindaP777]

Originally Posted by HomeGuru

**A: the day the property closed, the Sellers instantly became hold over tenants of yours.
That is why you need to evict under the L/T law. You have a further claim on the real estate side for breach of contract etc. but that is an entirely different issue.

I disagree. They were sellers, never tenants. The OP is in Ohio. I advised him to file a "writ of possession". You do not need a lawyer for that. File today, they will be out in 3 days once the sheriff serves them.

[HomeGuru]

Originally Posted by LindaP777

I disagree. They were sellers, never tenants. The OP is in Ohio. I advised him to file a "writ of possession". You do not need a lawyer for that. File today, they will be out in 3 days once the sheriff serves them.

**A: you can disagree all you want. Per Ohio law, the occupants are hold over tenants. Why don't you read the law.

[Ohiogal]

Originally Posted by HomeGuru

**A: you can disagree all you want. Per Ohio law, the occupants are hold over tenants. Why don't you read the law.

HG is correct Linda.

[HomeGuru]

Originally Posted by Ohiogal

HG is correct Linda.

**A: t hat's it. You go gal.

[LindaP777]

Humbly apologize, HG.
Buying a property at a sheriff's sale must be different. All I had to do was file a writ of possession when they didn't move.

[seniorjudge]

Originally Posted by LindaP777

...
Buying a property at a sheriff's sale must be different.
...

As in night and day.