My husband and I did a rent to own with a lady back in February on 2/12/2007 she paid the first month payment in the amount of 350.00 and a down payment of 2000.00 we handed her the key and she began to move in. I wanted to have a written agreement she rufused stating she had a law professor at her college drawing one up. We agreed that we would meet with in a few days and sign ( we did have a verbal agreement that she was to purchase the home 350 month, make all repairs to home, pay taxes, keep home clean and safe up to state and city codes etc.. same as if she had took a loan for the house we were only to collect the house payment ) buyer agreed to these terms, problem is we did not receive a rent to own contract from her . When getting in contact with her around the first on march she stated a lawyer was now taking care of the situations because the law professor said there was to many was for her to default. I advised her to have her lawyer get in contact us before making out the contract to assure our side of the verbal agreement was included. By the fist of April still no agreement so I made my own agreement stating to her it would be subject to change if and when a lawyer draws up a new contract. She refused to sign contract stating it was unconsiable and takes away her rights. I did give her with written notice by may stating if we did not receive a signed agreement by June she would be asked to leave our propery and lose her right to rent to own. Come June she refused to sign giving me an agreement she herself had drawn up stating things we had NOT agreed to such as my husband and I make repairs she pays taxes in which goes toward purchase of home her rent is due on 12th of each month because this is her move in date we did allow a grace period until 1st She wants her rent due on the 1st with a grace period of the 15th and after that pay 5% until she is 30 days late ( I WILL NOT AGREE) I have received notices from the city the grass is to high and trash is everywhere ( I did inform her) I have now filed a order with magistrate court to have her removed from home on 6/4/2007 she removed this order to circuit court I now believe she has left the home abandoned for the fact I had to go up there today (neighbors complant of trash and warning me the house was left open ) windows wide open Basement also . I got permission from court ( not written) to secure my home It is trashed she has taken all carpet up removed comode dog poop all over home I did go in to shut windows with a witness at which time I took pictures of the filth and damage ( electricity and water shut off ) some belongings along with lots of trash are still there . Question is I stated to her if "no written agreement then no agreement" she says The agreement was made when my husband and I cashed the first check.If no written agreement would this not make her a month to month renter do I have right to hang locks on doors to lock her out payment will be past grace period as of the 1st also can I sue her for all the damage in the home? It will cost a lot of money to redue all the carpet and walls she has spot painted. Should I just wait for court hearing and handle things from there? Also please let me know of anything you all may feel I am doing wrong in handling the situation. I now know how wrong we were to enter into this with no written agreement, however I really though the girl would be true to her word and take care of the home considering one day it would be her own .Thank you

So you have a court date for eviction? Is that what she "removed this order to circuit court"? Sorry, I'm a little unclear about that.

Check your state landlord tenant laws and see if there is anything about abandonment and how to handle it. Go to the court date. If she has abandoned the property, she probably won't show up to court. If that date is for an eviction hearing and she doesn't show up, you can ask for immediate possession (since she's abandoned) and the judge will probably grant it to you. Take more pics and document in writing all the damage. Then get estimates to clean/replace everything and you can sue the woman in small claims court. Don't put new locks on the place until a court has given you ownership; if for some reason she says she has NOT abandoned and you change the locks, you can get yourself in a heap of trouble.

In the future... don't do ANYTHING without a written agreement that YOU or YOUR lawyer write up. Written documents for acceptance of deposits, lease terms, everything! As a landlord you will learn not to trust anyone, no matter how nice they look.

At least in this state, a verbal agreement is not binding for selling a house, it has to be in writing.

** NO you have no right to lock her out, you will have to file an eviction though housing court,

You can sue her for damages to the house.

And yes you really messed up and you may end up having to give her the depoisit ( down payment) back, and then end up her not paying you for any of the damages.

Rule one, it is always in writing, and always signed before they get a key.

You're not going to like this but I have little sympathy for you. To hand over something like a piece of real estate with no written agreement to a stranger was so ridiculous that I'm afraid you deserve what's happened to you. As soon as she refused to sign something that should have raised alarms for you and you should NEVER have handed her the keys without a signed agreement.

Now you need a lawyer to try and get you out of this mess. You need legal advice on what you can and can't do. The first thing your lawyer should do is get an immediate court order to secure the premises. If you can show the damage done to the house you should be able to get that.

I would forget about getting any more money out of her. But I think you may be able to keep the deposit. You should still sue her, you may even be able to bring criminal charges for fraud and theft (the carpets, commode etc.). The point is there are possibilities but you NEED a lawyer to advise you what they are and help you navigate the legal system.

Yes, I will go with Scott ( sorry) but first you never let them have their attorney write something up, you could have even bought a contract on the internet, in a office supply store, or wrote up something on a napkin at Denny's.

But now you will need to get her out ASAP, but you will have to give them written notice first, and when they refuse, then take them to housing court. And during this time, expect more and more damage.

But at this point, yes, you need an attorney.

I'm not as skeptical as Chuck here. According to what you said she seems to have abandoned the property. If you can show the damage, you might get an order allowing you to secure the property.

But I would not advise trying to do this yourself at this point. You need an attorney to help you do things right.

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as a land lord I guess I have been cheated so many times, I always think the worst.

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Sadly, that's one of the first things I learned as a landlord... Besides, always best to cover your butt because getting sued is no fun!

Thanks you everyone for the quick response. Your advice has been helpful. I understand I went about this the wrong way I should not had been so trusting that someone would care for the property the same way I had always cared for it. We lived in the home for three years before making the choice to sell for a bigger home. I am so upset with the carpet being ripped up (we had just put it down a few months before) We did not set out to do a RTO, yet to sell the house she saw the add and contacted us. That's what made me think it would be a good idea. Perhaps someone will read this and learn from my mistakes. We do have a court hearing just waiting on the date of the hearing to arrive. I plan to stop by circuit court (where the case will be heard on Monday ) And show them my findings in the home to see if there is any way to hurry this along. I can not afford an attorney right now there is just no way... Maybe with her knowing I have pictures of what the house NOW looks like she will not continue to damage as she is leaving. Would it be safe to Email her and at least ask if she has left the premises?

When is your court date? In my area they are usually scheduled between 2 and 4 weeks from the date of file, and if an extension is granted it's only an additional week. Still, it won't hurt to see if you can get the date moved up. You stand a good chance at being granted possession on your court date. Go to court with your pictures and be prepared to show the judge the condition of the property. My guess is this woman won't show up, but people will always surprise you! You can e-mail if you like, but a better option is to send a certified letter, return receipt requested, to the property and to her work address, if you have it. If it is returned to you (meaning she didn't get it), don't open it and bring it to court with you. That way you can prove you attempted contact if she's there and argues with you. Give some local real estate lawyers a call; you might be able to afford a consult or representation. It's possible it will only cost you a few hundred bucks for a review of your case and advice on what to do.

My advice to you, and others might disagree, is to avoid lease to own deals. I engaged in one while I was a new landlord and got burned BAD. Granted, I was partly at fault for using a poor agreement, but it was enough of a lesson to make me never want to do it again! Instead, I tell my tenants (not in writing) that if they ever would like to purchase the property in the future to contact me and we can try and negotiate a deal. Thus far, they have been happy with that.

Good luck, being a landlord is a lot of work, and stress!

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Originally Posted by shtpmom

I can not afford an attorney right now there is just no way....

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Hello s:

You don't understand... You're going to lose your home if you haven't already... You ask for help... People tell you that you need an attorney... You say no...

Goodby, homeless woman.

excon

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Originally Posted by shtpmom

We did not set out to do a RTO, yet to sell the house she saw the add and contacted us. Thats what made me think it would be a good idea.

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Excuse me? You advertise your house and some STRANGER contacts you (without going through a realtor) and offers to do an RTO and this made you think it would be a good idea?? I'm sorry lady, but you are a con man's dream!! Did you do anything to check this woman's references or history? Did the payment for $2K clear? I suspect this woman had no intention of ever buying the house just stripping it for what she could get.

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Originally Posted by shtpmom

Perhaps someone will read this and learn from my mistakes.

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That is definitely one of the values of a site like this.

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Originally Posted by shtpmom

We do have a court hearing just waiting on the date of the hearing to arrive. I plan to stop by circuit court (where the case will be heard on monday ) And show them my findings in the home to see if there is any way to hurry this along. I can not afford an attorney right now there is just no way....Maybe with her knowing I have pictures of what the house NOW looks like she will not continue to damage as she is leaving. Would it be safe to Email her and at least ask if she has left the premises?

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DO NOT contact this woman at all, especially not via E-mail. This is why you NEED an attorney to help you avoid making more stupid mistakes.

If your hearing is scheduled for Monday, I doubt if you can speed it up any, especially without an attorney who knows the ropes. Get affadavits from your neighbors that the house was left open and that the woman hasn't been seen there for awhile. Make sure you have pictures that can be shown as dated (take pictures with a current newspaper in the foreground to show the date).

I wish you luck because you are going to need it trying to do this without an attorney. But keep us posted and we'll try to help all we can.

But PLEASE wise up! Understand there are people who are not as nice as you who will take advantage of you if you let them. Protect yourself.

I live in the state of WV. Yesterday I received papers from crcuit court stating we have a Status Conference scheduled on the 17th of July. During this period will the judge make a decission or just prepare us for a court date. The buyer has to be there or it will be dropped.

I hope it works out, ( don't expect them to show up, but let us know)

And don't feel bad we all have made those mistakes ( OK well maybe not quite that bad) but that is how most of us know what to do or not do. We have all been cheated or or lost our investment, or had tennants take off in the middle of the night and so on.

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Originally Posted by shtpmom

I live in the state of WV. yesterday I recieved papers from crcuit court stating we have a Status Conference scheduled on the 17th of July. During this period will the judge make a decission or just prepare us for a court date. The buyer has to be there or it will be dropped.

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We need more info here. First what initiated this? Did you file a suit against the buyer, did they file suit against you? We really need to understand what EXACTLY the cause of action this "Status Conference" is about. If it will be dropped because the BUYER doesn't show, then it sounds like an action the buyer has bought. Otherwise the buyer not showing would result in a default judgement against you.

But you can't wait until July 17th. If she has access to the house not telling what else she can steal or what other damage she can do. She can rip all the copper pepes and electric wiring from the house. Junk dealers pay good money for such things. You need to get control over access to the house NOW! You need to be able to lock it up so she can't get back in. You need file theft charges against her for stealing the commode. YOU NEED A LAWYER to think of all the ways you can try to recover your property.

Scott to answer your question my husband and I filed the first order with magistrate court the tenant upon being served filed a motion to have the case removed from magistrate court to circuit court. Circuit court set the Status Conference... I will be contacting a lawyer tomorrow. Thanks everyone.

OK so the status conference is to determine where the case should be prosecuted. That's all it does. Sounds like a delaying tactic on the part of the buyer. If she doesn't show for the conference the case is moved back to Magistrate's court. If she does show, the judge will decide whether to send it back to a Magtistrate or schedule a circuit court hearing. And then you have a further wait until a hearing can be set.

You need to take the position that you are perfectly willing to let this play out in the court, but you need to have your property protected from further damage first.

Ok so when we go for status conference judge will not make a decision? That is terrible there is a chance she can do more damage before the court hearing. In my state there is no statue as to the notice a landlord/owner gives to entering the home wounder if I could leave her a notice(on the door that I would like to enter the home within 24 hours and she would have to do so... considering she would even be there to receive the notice, this is only so I can make sure the dog pooo is cleaned up and does not set in on the tile in the hot heat. Or should I just wait for the meeting and give her written notice then? By the way I have no key to the home she claimed one week after moving in that she lost key we gave and my husband foolishly handed him his thinking I had one which I did not when I asked her for a copy of key I never received one.
If she calls with house payment do I have to except? When we go to the conference she will be then 2months past due. I am not worried about the money I just want her OUT so I can begin to make repairs to my home and this time sell no more rent to own for me. One more thing if we were selling to this person for the same price as what we were asking for straight out (no interest added) is it against the law that we did ask her to pay the taxes each year?

I didn't say that. The status conference is just to determine what court will have jurisdiction over the case. The judge may very well make a decision and sned the case to one or the other court. But that's all he will do. There will be more time until a hearing on whether you can retake possession. That is why you NEED an attorney to file an injunction to protect your property.

If you can't afford an attorney... check out your local community action... they can help you get set up with an attorney... granted the attorney probably won't be able to show to court with you... but they will do all the work for you.. all you have to do is show up in court and present all the evidence the lawyer has helped you prepare. Good Luck