tenant will not leave

[abna]

What is the name of your state? Texas. I just bought a house and as part of the contract I had to lease the house back to the previous owner for 14 days so that he could use the money from closing to move. We closed on Fri., 11/14, but the money transaction didn't occur until Mon., 11/17. In the contract it says that if the closing date is extended by amendment past the 14th, that the lease will end on the 30th instead of the 28th. There was no such amendment. They understand this to mean that since the money didn't arrive until the 17th they can stay until the 30th. We need them out by the 28th so we can move out of our apt without having to pay Dec. rent. The tenant is legally mentally ill (we didn't find out until closing) and possibly violent (judging from his behavior). We got his rent check and it was only for 12 days, to the 28th if we count from the 17th, which we took as an acknowledgement of his understanding that he has to be out by the 28th. However he continues to insist that he won't move until the 30th (which leaves no time for him to clean the place as stated in the contract). My question is, am I legally right in saying that he has to be out by the 28th, even though the money didn't arrive until the 17th (and they didn't go pick it up until the 18th)? And if so, how do I get the man out of my house? Will the police help?

 

[HomeGuru]

What is the name of your state? Texas. I just bought a house and as part of the contract I had to lease the house back to the previous owner for 14 days so that he could use the money from closing to move. We closed on Fri., 11/14, but the money transaction didn't occur until Mon., 11/17. In the contract it says that if the closing date is extended by amendment past the 14th, that the lease will end on the 30th instead of the 28th. There was no such amendment. They understand this to mean that since the money didn't arrive until the 17th they can stay until the 30th. We need them out by the 28th so we can move out of our apt without having to pay Dec. rent. The tenant is legally mentally ill (we didn't find out until closing) and possibly violent (judging from his behavior). We got his rent check and it was only for 12 days, to the 28th if we count from the 17th, which we took as an acknowledgement of his understanding that he has to be out by the 28th. However he continues to insist that he won't move until the 30th (which leaves no time for him to clean the place as stated in the contract). My question is, am I legally right in saying that he has to be out by the 28th, even though the money didn't arrive until the 17th (and they didn't go pick it up until the 18th)? And if so, how do I get the man out of my house? Will the police help?

**A: you are in a mess. Hire the attorney that you should have hired before closing.

 

[abna]

There really isn't time to hire an attorney. If we have to go to court over this, it will be past the end of the month and then I'll have court and attorney fees as well as an additional month's rent at my apartment. I just need to know for sure if I am legally in the right before getting tough with the guy. And if I have to get tough with him, will the police assist in his eviction (I'm afraid of the guy and what he might do)?

 

[HomeGuru]

There really isn't time to hire an attorney.

**A: bullcrap. Make time.
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If we have to go to court over this, it will be past the end of the month and then I'll have court and attorney fees as well as an additional month's rent at my apartment. I just need to know for sure if I am legally in the right before getting tough with the guy. And if I have to get tough with him, will the police assist in his eviction (I'm afraid of the guy and what he might do)?

**A: the police would not be involved because your issues are not criminal matters.

 

[abna]

Not Bullcrap. The tenant is supposed to leave in 4 days and thanksgiving is this week. There's no way I could get a lawyer involved and get everything resolved through court by Friday. And as far as getting the police involved, isn't it trespassing when someone is squatting on your property without a lease?

Again, I am asking for legal advice, not vulgarities. Can anyone out there tell me if I am legally correct in expecting the tenant out by the 28th since we closed on the 14th and their lease was for 14 days, and not on the 30th like they think, since the money did not arrive until the 17th?

 

[HomeGuru]

Not Bullcrap. The tenant is supposed to leave in 4 days and thanksgiving is this week. There's no way I could get a lawyer involved and get everything resolved through court by Friday.

**A: you are partially correct. Everything WILL NOT be resolved by Friday but you still have time to get a lawyer. And each day that passes without a filing of an unlawful detainer action, just gets added to the time you have to wait until you move in.
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And as far as getting the police involved, isn't it trespassing when someone is squatting on your property without a lease?
**A: no. I suggest you read the L/T law. This is a civil matter and those people in your home are considered tenants and holdover ones.
**********

Again, I am asking for legal advice, not vulgarities. Can anyone out there tell me if I am legally correct in expecting the tenant out by the 28th since we closed on the 14th and their lease was for 14 days, and not on the 30th like they think, since the money did not arrive until the 17th?

**A: I will be waiting to hear the answer from anyone.

 

[abna]

I appreciate your help. Luckily, the matter has just been resolved. The sister of the man living in our house just called to say that she will move all of her brother's things into storage on the 28th and give us the keys then. She was a part owner of the house, left to them by their mom when she died. We had spoken to her before, but this is the first time we've come up with an agreeable solution. I'm not sure if the brother knows about this yet, but at least that makes it a family matter that I am not involved in. We're changing the locks the minute we take possession.

 

[HomeGuru]

That's great news.