What rights do I have in the purchase of a home when the previous seller’s renters have not yet left?

I am closing on a house in 4 days. It was on the market for 609 days before I put my offer in. The seller let a family temporarily rent the home because they felt bad for them. They have since done a couple thousand dollars worth of damage to the property. The sellers had already given renters notice to be out by yesterday. I just found out the renters are still there and say they have nowhere to go. After closing, does it then become a trespassing issue? I’m planning to move my family in this weekend.

Asked on June 11, 2012 under Real Estate Law, Illinois


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes it does become a trespassing issue since the tenants were never in privity of contract with you. Contact the sheiff's office and have a civil escort ready to help move them out. If this is not successful, or the sheriff refuses, you may need to involve the previous sellers and also to charge the sellers for every day you cannt move in because the sellers failed to evict the tenants. This should be a huge motivating factor but the sellers may use the closing of the sale as a defense that you were well informed the tenants had not yet moved.

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