This coming Thursday I'm closing on I house that has tenants in it. I read their lease agreement, which expires January 31, 2022. In the estoppel report, the current owner/landlord, has changed things to indicate on the estoppel thing, that water, sewer, trash, waste disposal, and gardener are to be paid by the landlord.

It very clearly says in the lease, that these are paid for by the tenants. I have a call into my realtor about this and throughout this buying process, the seller has been extremely focused on dumping everything on me to take care of, things that didn't have to get deteriorated had he paid attention to any kind of maintenance on the house, & now there are considerable repairs. I think the house is worth it, but this may be the straw but breaks the camel's back.

Would it be possible for me to change the lease so that the tenants last day of tenancy would be November 30? Of course, all parties would have to agree and sign the paperwork. I don't know if this would occur before after escrow closes on Thursday.

Perhaps I can settle some money on the tenants in a happy clause to have them vacate by the end of Nov.

I'd appreciate your thoughts! I'm hopping mad about this latest, last minute greed-based twist.

The seller has owned the house since 2001 and has done nothing. These are his second tenants who have lived there for10 years.

I made an offer on it the 1st day it was posted for sale, a cash offer with a 15 day escrow. In negotiations, I have asked that he do repairs and he has only offered a credit for the nonfunctional heating, which he has to do by law-- and repairs for termites, which I believe he also has to do by law. The other repairs involved plumbing, roofing, and electrical.

I'd really love to get the tenants out of there by November 30 but the lease isn't up until January 31. However this latest thing plays out, I'm still going to offer a happy clause for them to be out by November 30. I just now heard from my realtor who said to not sign anything, Of course not! He's on the case to find out what the heck is going on!

You are in California!!!! Changing terms would scare me. I would invite an eviction attorney to the party. You could have these tenants past January 31.

Thanks, Jim, for your input. I'll see how this plays out as my realtor is now on the case!

You probably have no hope of getting the T to move before Jan 31, 2022 except by throwing money at them. If they agree, fine, but otherwise, it is a no go!

If the estoppel letter doesn’t conure with real estate contract. I would get legal advice of what to do in this situation.

Be realistic. You have this disaster of a report in hand. Use the report to help you.

Let the tenants know that MAJOR WORK needs to be preformed on the property to get it up to the standard you require. That will take an estimated 6 months maybe 7. We need the property vacant.

We're asking you to vacate so we can initiate the work. Once the work is completed we may have the opportunity to call you and offer it back to you as a rental. No! We don't know what the rent will be in 7 months but there's time to decide.

You are heading into the holiday season with a major headache on your hands..... ]

Tenants don't like moving NOv Dec or Jan.

A properly formatted, signed, and dated estoppel letter should basically be an amendment/confirmation of all pertinent facts of the lease: how much rent, paid how often, who lives there, how long is the lease, what all is included such as utilities, etc.

It should also have a clause stating that these terms will remain in full effect with no changes or alterations until the day of closing, and that Seller and Tenant will not make any agreements: in writing or verbally that alter the facts in the estoppel or the current lease This prevents a land lord slipping in a side deal with a tenant before you close.

If the estoppel letter does not match the LEASE that is in place, that makes me think something else is going on.

A lack of functioning heat, active termites, plus issues with plumbing, roof and electrical? Why would you want that?

In my investing career -- now over 35 years-- I don't think I've ever purchased a property with people in them???

Its just a losing situation and this case is exactly why. I don't know maybe it can be done and there must be some success stories.