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Posts: 2
Reply with quote  #1 
COLORADO. I'm a landlord selling my rental home. We have a scheduled closing and the tentant is purposely and without a stated reason, stopping the sale. The contract for sale is of course subject to the current lease which expires 30 days after our closing, and the buyer is aware of the lease and its expiration. Thay have agreed to work with the tenants, but the tenants are saying I don't have the right to sell until they move out. Our lease makes no provisions for me selling, but again, the tenants are being told they can stay for the remaining term of their lease. The tenant filed an intent to lien based on "non-performance" by the landlord (me) for selling the property during their lease, and now the title company won't close the deal. The tenants also will not let us in to do any buyer inspections, appraiser stuff, etc - with even a whole week of notice.

The real problem is that if this deal falls apart, I will loose the house in foreclosure. As it is, this is a short sale. Any ideas on my rights? Can I sue the tenant in small claims court for preventing the sale and sending me into foreclosure? For the record, the house was listed for sale when these tenants took possesion in the first place, and they knew it was a short sale heading for foreclosure. Thanks in advance.  

Posts: 3,755
Reply with quote  #2 
The tenants have no right to stop the sale, nor to prevent entry into the premises with proper notice.  Any property, even that with tenants, can be sold.  The lease simply transfers to the new owner.  As long as the new owner knows about the lease and is given a copy of it, this is not a problem and is perfectly legal.  You need to get an attorney ASAP.  File an injunction against the tenants to force them to allow entry for inspections.  If they still refuse, terminate their lease now for their non-performance.  If this tenant stops a sale of the property for this non-sense of "non-performance", you will have a suit against him.  Your attorney needs to make this very plain to them.
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