A woman’s home purchase quickly turned into a nightmare

GoneFishin

Well-known Member
A woman’s home purchase in Hamilton quickly turned into a nightmare after the previous tenants caused extensive damage to her new home costing her thousands.

Ayesha Aghar bought her house on Ellis Avenue six months ago and only got to move in on Sunday.

Ayesha Aghar wanted to start a new life in Hamilton and bought a home here, “They had agreed to move out by May 31st per their original notice and on the closing day, they said they were not moving out.”
Woman's newly purchased Hamilton home damaged by previous tenants (video)

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Hamilton homebuyers struggle as tenants refuse to vacate property

In July, a homebuyer in east Hamilton said she may have nowhere to live because the tenants who live in the home are refusing to leave. Those tenants still remain in the house and they say they intend to stay.

The homebuyers say they’re frustrated. Their offer was accepted in April, with a closing date of May 8. There’s been a couple of extensions since then – pushing the closing date to September 15, and they don’t want to wait any longer.

A sign, and trailer — these are two ways Lorrie Mckibbon and her husband are sending a message to the tenants living in the home they’re buying, that they want them gone.

“We tried to put our trailer, the five wheel behind me, into the driveway, to show him that we have no place to live as of Saturday, we are coming to move here,” said Lorrie.
Hamilton homebuyers struggle as tenants refuse to vacate property (video)
 

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The seller is in breach of contract. The buyer should take their escrow money and move on. Who knows just how long that will drag on.
No the seller is not in breach of contract. The buyer bought the house which was occupied with a renter. The buyer notified the tenant to vacate. Tenant refused. Buyers only legal recourse is to go through the Landlord Tenant board to evict the tenant
 

Unfortunately, if you buy a home that has a renter in it who has a valid rental contract, you've essentially bought that contract and have to honor it. The renter does not HAVE to move until the contract is up. Usually, you can "sweeten the deal" to get the renter to agree to break the contract but not always.

I don't know of this was the case, but if it was, good luck getting the renter out.

Many years ago, my sister was renting a house from the owner and had 7 more months to go on her year-long rental contract. One day, he announced that she had 30 days to get out because he had sold the house. After consulting an attorney about her rights, she presented the owner with "the law" and he ended up paying for her moving expenses, returning her "security deposit and last month's rent" without any fuss and gave her a couple thousand dollars for "her inconvenience" and she moved out peacefully.
 
I once read of a couple who bought a house which they later discovered was infested with rattlesnakes. Most were in the basement and walls. They found out when they woke up with some of the snakes in their bed.

Here are similar examples:
 
It is my understanding that the renters were to be out by the end of may…did not vacate and that pushed back the closing date. The buyer does not own the house until the closing and subsequent recording. If the closing date kept getting moved because the renter had not vacated that must of been part of the contract. Therefore giving the buyer the right to kill the contract.
 
A 3bdrm 2bath house across the street from me is for sale. It's a rental home. The deal is that whomever buys the house must honor the current lease which the current (single) renter occupant still has almost a year left on the lease.
 

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