Q&A: Allowing Seller to Remain in Home After Closing

On November 12, 2010, in Real Estate, by Robbie L. Vaughn, Esq.

Should a buyer allow a seller to remain in the home after the closing?

Usually not a good idea.

The parties enter into what is known as a “Holdover agreement” or “Post-closing possession agreement.” We don’t normally recommend these agreements, but they are sometimes necessary.  Hopefully, the following will provide you with some insight as to why these agreements are not normally recommended by our firm:

The good

  • The deal gets done sooner rather than later.
  • The buyer leaves a hefty sum in escrow to cover “rent” and property damage.

The bad

  • The seller needs more time to move or refuses to leave as scheduled.
  • The escrow money is not enough.

The ugly

  • The seller causes serious damage to the property.
  • Legal action is required to recover possession of the premises.
  • Legal action is required to resolve a dispute over the escrow funds.

Please visit our Real Estate category to Learn more about real estate.

As always, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY.  Contact us at (516) 858-2620 to speak with a real estate attorney.


Evicting a Problem Tenant

On May 3, 2010, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Evicting Problem Tenants

Evicting Problem Tenants

So, you have had it with your tenant and want them out. Evicting a tenant can be a tricky and lengthy process.

The following is very general overview of the eviction process*:

1. Determine the status of the person occupying the premises (i.e. tenant);

2.Determine what grounds you have to evict (i.e. breach of lease terms);

3. Determine the type of action you can bring (i.e. non-payment);

4. Determine what notice must legally be given to the occupant (i.e.  3 days);

5. Give the occupant the appropriate notice in the appropriate manner;

6. File the appropriate petition in the appropriate court;

7. Have the tenant appropriately “served”;

8. File proof of service with the court;

9. Wait for tenant to answer or default;

10. Go to court!

*The above is merely an overview of the eviction process.  Additional or different steps may be required to evict a particular tenant.

If you are having trouble evicting a tenant we may be able to help you evict them so that you can re-let your apartment, sell your home, etc. We were recently successful in using the landlord-tenant court to get a tenant, that had not paid rent for over eight (8) months, out of a landlord’s apartment building in a matter of days.

Nassu County Eviction Attorney

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island.

We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters.

Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan