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goingbroke_101 · May 16, 2007, 01:10 AM

I am attempting to evict my tentants for lack of payment for the last eight months. I have had lawyers send letters giving them thirty days to move and they refuse. My last attempt was with a lawyer to take them to court and have them evicted. On the day of court we receive information stating they are counter-suing me for breaking the contract. I have not broken the contract. My lawyer is demanding an additional $3000 to continue the lawsuit. I am not able to come up with the money and the house is going to be repossesed. My father co-signed and is going to kill me. Plus the next court date is not for another 2 months. I can not afford to keep paying the payments so they can live there for free. Is there any way to evict my tenants on a contract for deed without paying out the nose in court costs and lawyer fees?
Please help,
goingbroke_101

excon · May 16, 2007, 07:43 AM

Hello going:

Actually, filing an unlawful detainer case (eviction) is simple and cheap. As a landlord, you should learn how to do it. If you had taken it upon yourself to do it at your first opportunity, which was eight months ago, they would have been evicted by the sheriff seven months ago. I don't know what kind of lawyer you had, but I might consider suing HIM.

If you actually go to the courthouse, the clerk will give you lots of information on how to proceed. In addition, you should become familiar with your states landlord tenant laws. After all, those are the rules of the game. You wouldn't play poker without knowing the rules, would you? You can find a copy of the law right here in this forum. Look at the top and you'll see a sticky with all the states listed. These laws aren't too difficult to master.

By the way, who drew up the contract for sale? You did?? You didn't protect yourself very well did you? If you need help writing the next one, our own Fr. Chuck does that very successfully. He doesn't wait seven months before he throws them out, either.

Ok, I've yelled at you enough.

excon

landlord advocate · May 16, 2007, 12:15 PM

Originally Posted by goingbroke_101

I am attempting to evict my tentants for lack of payment for the last eight months. I have had lawyers send letters giving them thirty days to move and they refuse. My last attempt was with a lawyer to take them to court and have them evicted. On the day of court we receive information stating they are counter-suing me for breaking the contract. I have not broken the contract. My lawyer is demanding an additional $3000 to continue the lawsuit. I am not able to come up with the money and the house is going to be repossesed. My father co-signed and is going to kill me. Plus the next court date is not for another 2 months. I can not afford to keep paying the payments so they can live there for free. Is there any way to evict my tenants on a contract for deed without paying out the nose in court costs and lawyer fees?
Please help,
goingbroke_101

Have you accepted ANY money during the past 8 months? This is important! If the answer is no, then you need to post an eviction notice and move forward in housing court. You shouldn't have to get a lawyer for housing court. Landlords represent themselves all the time. Don't expect the clerks at the courthouse to be helpful. They don't want to be accused of practicing law. The eviction notice may be available at the courthouse or at the very least the clerk will tell you where to find the form. Read your states landlord tenant laws. There has to be a reason why your attorney has taken so long to file and why the tenant thinks they can file a cross complaint. Are there some details you haven't shared?

Fr_Chuck · May 16, 2007, 12:31 PM

Yes, why are you playing with all these lawyers and why not evict them reqardless of a counter suit,

Heavens, you gave the one 30 day notice, of course they are not going to move out, after that notice, you go to the court house, file for a court eviction ( costs 85 dollars here) they serve them and you have a hearing.

And of course they defaulted in the contract, so you evict assuming you wrote the contract up properly.

You are letting them scare you and you are suffering, heavens don't go into rental or contract housing if you don't know the law. Yes many will counter sue, so you laught at them and evict.

If you don't know how to evict people, you need to sell off all of your rental or contract properties.