roommate won't leave house

[luisac]

What is the name of your state? Nebraska

I have a purchase agreement on a house, closing set for 11/22. The owner was on the verge of foreclosure when my offer was accepted, and we are now dealing with the bank. The bank asked the owner (and his roommate) to be out by 11/1, he said he would be out by 11/4.

I went to the house the afternoon of 11/4, and the house was not empty. Some things were gone, lots of boxes and new damage to the house. The owner is in jail (for 3rd DUI) and the roommate refuses to leave.

My questions are
A) Does a roommate have the same rights as a tenant? Does the bank need to give the whole 30 day written notice thing?

B) Can closing still be held on the 22nd even if the roommate won't leave? Isn't the house supposed to come to me empty and ready for me to move in??

C) Who is responsible for new damage done during the moving out process? (the house has already been inspected)

Thanks in advance for the advice!

[HomeGuru]

[quote]Originally posted by luisac
[b]What is the name of your state? Nebraska

I have a purchase agreement on a house, closing set for 11/22. The owner was on the verge of foreclosure when my offer was accepted, and we are now dealing with the bank. The bank asked the owner (and his roommate) to be out by 11/1, he said he would be out by 11/4.

I went to the house the afternoon of 11/4, and the house was not empty. Some things were gone, lots of boxes and new damage to the house. The owner is in jail (for 3rd DUI) and the roommate refuses to leave.

My questions are
A) Does a roommate have the same rights as a tenant?

**A: yes.
******
Does the bank need to give the whole 30 day written notice thing?

**A: the bank cannot evict since the bank is not the owner unless through a court order.
************
B) Can closing still be held on the 22nd even if the roommate won't leave?

**A: yes and if that happens you become the roomates' landlord.
*********
Isn't the house supposed to come to me empty and ready for me to move in??

**A: yes, but ya know these roomate people always saying they are not ready to move and have no place to move to.
************
C) Who is responsible for new damage done during the moving out process? (the house has already been inspected)

Thanks in advance for the advice!

**A: the owner.

[luisac]

Thanks for the response! I tried to find the answers to those questions but could not....

Now I have more questions, well I suppose I could just boil it down to one...

What can I do (if anything) to get this guy out of the house?

Oh yes, and thanks again Guru for responding!!

[HomeGuru]

[quote]Originally posted by luisac
[b]Thanks for the response! I tried to find the answers to those questions but could not....

Now I have more questions, well I suppose I could just boil it down to one...

What can I do (if anything) to get this guy out of the house?

**A: put the burden on the bank and tell them you will not close until the property is free and clear of all tenants.
********************

Oh yes, and thanks again Guru for responding!!

**A: you are welcome.