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cotton top · Apr 20, 2009, 05:30 PM

I have a person in my rental home and I stopped renting in January, I told her that I was going to sell the home 4 and a half months ago and have not received any pay since that time. I told the person of my plans and she wanted to purchase the property but needed 2 months to get the financing. I told her to stay there if she thought she could get the money in two months without any payment. In march I asked her to either get the money or move so I could sell. As of April 7, I sent her a certified letter telling her she had thirty days to get the money or be evicted. She refuses to move without a court order. There is no written lease, it was month to month and was never paid on time. What are my legal rights?

ScottGem · Apr 20, 2009, 05:38 PM

You have to go through the eviction process. When the 30 days are up, you go to court for a court order.

cotton top · Apr 20, 2009, 05:49 PM

Originally Posted by ScottGem

You have to go thru the eviction process. when the 30 days are up, you go to court for a court order.

Very much what I had heard, Thanks

Fr_Chuck · Apr 20, 2009, 06:02 PM

Yes, you get a court order,
I will be blunt, if you are going to be a landlord you should know how to evict before you ever start renting.

You have to give them a notice to move and take them to court.

The issue is you told them they could stay without paying, for that time, so you can't evict for non payment. So the 30 day notice to move and if they don't take them to court.

This is the problem, most likely the renter knew this, and knew that they would get months and months of free rent, many go from landlord to landlord doing this

cotton top · Apr 21, 2009, 04:38 AM

Originally Posted by Fr_Chuck

yes, you get a court order,
I will be blunt, if you are going to be a landlord you should know how to evict before you ever start renting.

You have to give them a notice to move and take them to court.

The issue is you told them they could stay without paying, for that time, so you can't evict for non payment. so the 30 day notice to move and if they don't take them to court.

This is the problem, most likely the renter knew this, and knew that they would get months and months of free rent, many go from landlord to landlord doing this

Thanks, actually I only have this one rental property I bought for my son and his wife and got stuck with it when they quit paying.

ScottGem · Apr 21, 2009, 05:43 AM

Whether you have one property or 100, Chuck is right that you should have done some more research before renting. This is where many people get themselves into trouble.

For example, if the renters indicated they were willing to buy the property, instead of offering them rent free months while they tried to obtain financing, you should have offered to apply subsequent rental towards the purchase price if they obtained financing. This way, you weren't out any money if they couldn't buy and they had an opportunity to reduce the sales price.