We purchased a property at auction and contacted the former owner who still resides in the home. We offered to talk to them about cash for keys and a reasonable time to move (2-3 weeks). In our discussions the former owner mentioned that she has a friend that is telling them ?they can drag out moving for up to four months.? Oh, by the way it now appears that they have a tenant that is paying rent. Does anyone have any advice for a newbe who wants to do the right thing but does not want to totally get taken advantage of? I am already moving forward on the 3 day notice to quit, after that???
Let them know that they may be able to drag it out, however, they will still owe you rent from the day you became the owner, and that if they do drag it out they will end up with an eviction on their record that may hurt their ability to rent, as well as a court ordered judgement against them for the rent due you if they fail to pay it.
Also, while the sub renter may be entitled to extended notice, they are not, so you can still move forward with your eviction of them with just 3 days notice. Sure the so called sub renter may get to stay for a while, thanks to the new 90 day notice requirements, but will they really want to once you take over the remainder of the home previously occupied by the owner?
In the end the key is to know your rights, be persistant, and clearly show them that your fair offer of cash-for-keys is by far their best alternative.