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I need advise with eviction. I recently purchased a home and the
owner of the property wanted to remain in the home for several months
after the sale and agreed to pay rent. Upon completion of the sale we
(my husband and I) sat down with the seller and occupant of the home
to complete a rental agreement. He refused to sign the agreement and
refused to give us a key to the home. He is living in the home and
utilities are delinquent. What recourse do we have and how do we go
about eviction. The home is an investment property, but we plan on
occupying in the future.
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I need advise with eviction....
This depends on the law of your state, which you don't seem to have posted.
I believe about every state has a summary procedure for evicting tenants
like this, but the procedures are likely to vary and generally must be
followed strictly.
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Subject: Help with eviction
From: bojangles50@yahoo.com (Vickey)
Date: 2/8/2004 2:13 PM Pacific Standard Time
Message-id: <1fcd20p35g6naup7ojlb0cfv4et31615sf@4ax.com>
I need advise with eviction. I recently purchased a home and the
owner of the property wanted to remain in the home for several months
after the sale and agreed to pay rent. Upon completion of the sale we
(my husband and I) sat down with the seller and occupant of the home
to complete a rental agreement. He refused to sign the agreement and
refused to give us a key to the home. He is living in the home and
utilities are delinquent. What recourse do we have and how do we go
about eviction. The home is an investment property, but we plan on
occupying in the future.
Was the seller being allowed to live in the home for some months a part of the
purchase agreement? Is it in writing?
And how many months were agreed upon?
If this was an oral agreement only and there was no specification as to how
long the seller could remain in the home then, as the owner, you have the right
to ask for a rental agreement from him. It would protect him as well as you.
If he won't sign and he has nothing else in writing that specifies how long he
can occupy and at what price, you can send him an eviction notice. If he won't
go, there are legal ways to force him out.
Disclaimer: I am not an attorney. This is for discussion purposes only and
should not be construed as legal advice. For legal advice, it is best to
consult an attorney.
"THE EXODUS CHRONICLES: Beliefs, Legends & Rumors from Antiquity Regarding the
Exodus of the Jews from Egypt" by Marianne Luban
You'll never think about the Biblical Book of Exodus in the same way again!
http://www.geocities.com/scribelist/Exodus2.html
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bojangles50@yahoo.com (Vickey) wrote:
I need advise with eviction. I recently purchased a home and
the owner of the property wanted to remain in the home for
several months after the sale and agreed to pay rent. Upon
completion of the sale we (my husband and I) sat down with the
seller and occupant of the home to complete a rental agreement.
He refused to sign the agreement and refused to give us a key to
the home. He is living in the home and utilities are
delinquent. What recourse do we have and how do we go about
eviction. The home is an investment property, but we plan on
occupying in the future.
Absolutely get to a lawyer and sue the jerk, not only for eviction
but for your damages (e.g. your costs to live elsewhere while
waiting to take possession of your house). If the contract to
purchase the house had an attorneys fees clause you may be able to
get him to pay all or most of your costs for doing so.
One other thing I would do is to get a copy of the check that was
given to him for the purchase of the house. See where he put the
money and ask the court for a right-to-attach order to freeze those
funds. I can't guarantee you'll get it, but if you do that will put
more of a squeeze on him to get out.
Good luck.
Stu
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I need advise with eviction. I recently purchased a home and the
owner of the property wanted to remain in the home for several months
after the sale and agreed to pay rent. Upon completion of the sale we
(my husband and I) sat down with the seller and occupant of the home
to complete a rental agreement. He refused to sign the agreement and
refused to give us a key to the home. He is living in the home and
utilities are delinquent. What recourse do we have and how do we go
about eviction. The home is an investment property, but we plan on
occupying in the future.
As a landlord, it is essential that you familiarize and educate
yourself with your state's landlord-tenant laws. Those laws will
likely provide you with guidance on the proper procedure for evicting
a tenant within the bounds of the law. I'd recommend a trip to a local
law library, or if you're willing to bear the expense, consult a local
attorney to help you.
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I need advise with eviction. I recently purchased a home and the
owner of the property wanted to remain in the home for several months
after the sale and agreed to pay rent. Upon completion of the sale we
(my husband and I) sat down with the seller and occupant of the home
to complete a rental agreement. He refused to sign the agreement and
refused to give us a key to the home. He is living in the home and
utilities are delinquent. What recourse do we have and how do we go
about eviction. The home is an investment property, but we plan on
occupying in the future.
Let me guess: this is a seller-financed sale, maybe even a
"lease-to-purchase" deal or "installment land sale, and you did it all
yourselves, with no title company, broker, bank, or atty involved.
Otherwise, I'd call the professional who helped you do this a
malpracticing idiot, since he didn't have the seller/occupant sign a
formal agreement to become your lessee/tenant AT THE CLOSING OF ESCROW
on your contract of purchase; if no agreement, either no sale, OR you
get the keys at settlement, after a walk-thru showing you that former
occupant had vacated the premises, and no dice as to the continued
occupancy. Whatever you did, with or without a lawyer, to get
yourselves in this mess, you probably will need a good local real
estate lawyer to get you OUT of it. Please don't diddle around with
legal self-help. You're losing hundreds, if not thousands, of
dollars each month you let this jerk whip you around like this. Get
help, and good luck. Rest assured, the cost will probably more than
pay for itself in ultimate savings.
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult a lawyer in a private
communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
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On Tue, 10 Feb 2004 09:28:32 -0500, Zen Cohen <aturny@hotmail.com> wrote:
This depends on the law of your state, which you don't seem to have posted.
I believe about every state has a summary procedure for evicting tenants
like this, but the procedures are likely to vary and generally must be
followed strictly.
Also, if you are going to operating an investment property, perhaps
you should figure out where these procedures are described in your
jurisdiction.
Isaac
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