In MD-Settlement 6/30/00 non-seller tenants..HELP!

[BMarley56]

We are 1st time home buyers and are going to settlement on our home 6/30/00. The home is currently occupied by tenants that are not the seller and their lease expires 6/30/00. They are also settling on their new home 6/30/00. We were recently made aware that they would be able to be in the home, even after we settled on 6/30/00 until midnight. We are now being informed through our realtor that the tenants more than likely will not be able to have all of their personal effects moved until 7/1/00 or later. My understanding is that we will be the legal owners as of midnight 6/30/00 (7/1/00), so if there are any belongings to the tenants at that time will they become ours? This is a really frustrating situation and I need true legal advice so that we can proceed with this deal! HELP me PLEASE!!

[This message has been edited by BMarley56 (edited June 27, 2000).]

 

[BMarley56]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by BMarley56:
We are 1st time home buyers and are going to settlement on our home 6/30/00. The home is currently occupied by tenants that are not the seller and their lease expires 6/30/00. They are also settling on their new home 6/30/00. We were recently made aware that they would be able to be in the home, even after we settled on 6/30/00 until midnight. We are now being informed through our realtor that the tenants more than likely will not be able to have all of their personal effects moved until 7/1/00 or later. My understanding is that we will be the legal owners as of midnight 6/30/00 (7/1/00), so if there are any belongings to the tenants at that time will they become ours? This is a really frustrating situation and I need true legal advice so that we can proceed with this deal! HELP me PLEASE!!<HR></BLOCKQUOTE>

 

[HomeGuru]

My response:

The answer is no. Although you may be the new owner, the belongings would still be owned by the tenants unless the tenants abandon the stuff. Because there was a lease in effect prior to and at the time of closing, you must take over the position as new landlord. Therefore you must follow the landlord tenant code in your State with respect to check out, cleaning, repair and miantenance, disposition of the tenants security deposit, belongings left at the property etc.

Your Realtor made a mistake if you bought the property subject to the tenants. Your purchase contract should have been written such that you are buying the property free and clear unencumbered by any tenants lease or tenant. If this was addressed in the contract, the burden would be on the Seller to deliver the property to you clean and vacant. The Seller would then be responsible to inspect the property, check the tenant out, do any cleaning and repair work, remove any left over belongings and deal with the tenants security deposit. Upon your final inspection, if things are not up to par, you can notify escrow to without a portion of the Sellers proceeds to accomplish the above if needed.

You need to have a serious talk with your Realtor and his/her principal broker. Have them talk to their company attorney to give you advice at their expense.



[This message has been edited by HomeGuru (edited June 27, 2000).]