letsgomets
New member
What is the name of your state? New York
We have been in contract for over 5 months and it's finally time to close. The seller keeps on requesting additional time in the home after the closing. We were willing to entertain a few days, but we found out he has nowhere to go and most likely no plans to leave.
What are our options? We really want to own the property but when I spoke to an eviction attorney, he said it will take at least 2 years for the sheriff to evict him given the large backlog. Must this be approached from a traditional landlord-tenant perspective or can we get him out sooner by saying he is violating the contract?
If the courts weren't so delayed, I wouldn't be worried about the hassle of getting him out 3-6 months later. I just don't want it to take years if this is treated as an eviction. If there is some way we can get this on a different track so it goes quicker, that would be ideal.
For what it's worth, we have no intention of renting it to him or collecting rent, though we did want to withhold a larger amount of the funds via escrow (with a daily penalty) until he leaves for good. Could that be construed as renting? What is the quickest way to get him out?
Thanks in advance for any help.
We have been in contract for over 5 months and it's finally time to close. The seller keeps on requesting additional time in the home after the closing. We were willing to entertain a few days, but we found out he has nowhere to go and most likely no plans to leave.
What are our options? We really want to own the property but when I spoke to an eviction attorney, he said it will take at least 2 years for the sheriff to evict him given the large backlog. Must this be approached from a traditional landlord-tenant perspective or can we get him out sooner by saying he is violating the contract?
If the courts weren't so delayed, I wouldn't be worried about the hassle of getting him out 3-6 months later. I just don't want it to take years if this is treated as an eviction. If there is some way we can get this on a different track so it goes quicker, that would be ideal.
For what it's worth, we have no intention of renting it to him or collecting rent, though we did want to withhold a larger amount of the funds via escrow (with a daily penalty) until he leaves for good. Could that be construed as renting? What is the quickest way to get him out?
Thanks in advance for any help.