Need tenant out ASAP to close on house

[2Curious]

What is the name of your state (only U.S. law)? Hawaii

My mom and ex husband are selling their home in Maui. Until now he's had an "acquaintance" renting the home on a verbal lease agreement. The house has been on the market for approx 3 months, which the renters have been aware of. The home is now in escrow and to close on 10/15/09, but the renters are refusing to leave saying they weren't given notice. I know they at least got 10 days verbal notice, I can not say for sure they got 45 day notice. Being that the home was on the market, which they were aware of, wouldn't that automatically change the rental agreement. And 10 days be sufficient notice. What do they do to get them out? My mom's ex is going as far as offering them $4000 to get out and they aren't taking it. Please help!

 

[sandyclaus]

Are you kidding?

What is the name of your state (only U.S. law)? Hawaii

My mom and ex husband are selling their home in Maui. Until now he's had an "acquaintance" renting the home on a verbal lease agreement. The house has been on the market for approx 3 months, which the renters have been aware of. The home is now in escrow and to close on 10/15/09, but the renters are refusing to leave saying they weren't given notice. I know they at least got 10 days verbal notice, I can not say for sure they got 45 day notice. Being that the home was on the market, which they were aware of, wouldn't that automatically change the rental agreement. And 10 days be sufficient notice. What do they do to get them out? My mom's ex is going as far as offering them $4000 to get out and they aren't taking it. Please help!

The tenants are well within their rights to stay put until given proper notice according to the law, which means a WRITTEN notice (NOT verbal), no less than 45 days in advance.

Your mom's 10 day VERBAL notice does not meet this legal requirement. The only way around this is if she's willing to do "cash for keys", which she has tried, but the tenants are under no legal obligation to move out under such short notice.

The fact that the home has been on the market changes nothing. With the housing market what it is, who could predict how long it would take to sell the house? Escrows can go anywhere from 30 to 90 days or more in some cases - even 30 days notice would have been better than the 10 days she tried to give her tenants. Your mom needed to give notice to the tenants as soon as she accepted an offer. Because she didn't, she alone is responsible for the mess she now finds herself in.

What mom needs to do to get them out is give them proper notice, or offer up a better deal to move out sooner. Perhaps she can offer to cover moving expenses, advance return of security deposit, money towards a new security deposit at a new place, etc. She needs to sit down with the tenants and NEGOTIATE rather than demand - she is in no position to force this issue.

 

[treese]

Ditto to Sandyclaus' post.

FYI, if the tenants refuse to move out after receiving proper written notice, the only legal option is eviction through the courts.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Hawaii

My mom and ex husband are selling their home in Maui. Until now he's had an "acquaintance" renting the home on a verbal lease agreement. The house has been on the market for approx 3 months, which the renters have been aware of. The home is now in escrow and to close on 10/15/09, but the renters are refusing to leave saying they weren't given notice. I know they at least got 10 days verbal notice, I can not say for sure they got 45 day notice.

**A: then get your facts before you post. We reply based on facts not OP guesses.

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Being that the home was on the market, which they were aware of, wouldn't that automatically change the rental agreement.


**A: the home being on the market does nothing to change the rental agreement. Read what the other contributors wrote. That is the corrrect data.


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And 10 days be sufficient notice. What do they do to get them out? My mom's ex is going as far as offering them $4000 to get out and they aren't taking it. Please help!

**A: then try offering $10K cash. Cash talks especially if they are in Kihei. If they are Lahaina, they would need to offer cash and an original painting of Lanai and Molokai.

 

[2Curious]

Thanks for the replies. It was actually the ex who screwed it up. He was told to give them notice and it appears that he did not. She lives in another state while he was supposed to taking care of things there. Just one of the reasons he's an ex Thanks again!