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    jlanglois's Avatar
    jlanglois Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 18, 2008, 09:37 PM
    Tenants won't leave
    My husband and I own a house and had it on the market for 1.5 years with no luck. We decided to rent it to a couple who originally had stated that they would eventually like to buy it. We did not have them sign anything stating that... however, that is not the issue. We learned that they were no longer interested in purchasing it the same month that our lease expired in the rental we are living in. We wanted to sign another lease; however, the landlord said "no lease" so we stayed living month to month. This left us vulnerable as we know that he has a history of raising the rent. To make a long story short, we decided that our best option would be to move back into our house (which required a complete reloation 500 miles away). We talked to our tenants, who had previously stated that they were still looking for a house to buy and would be interested in shortening their lease if they found the place for them. We needed a more definite plan, so we offered to give them 2 months of free rent if they could guarantee to be out on July 1. They responded agreeing to that and said that they could definitely be out. We made plans to move - husband changed jobs, gave our notice to our landlord, rented a truck, etc... They emailed tonight stating that they weren't going to be out before July 8th. We have no where to go. I've told them that we are moving in on July 1st whether they are there or not, but legally, what can we do? We have the written agreement and they have not paid rent in 2 months further supporting their intent to move out.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #2

    Jun 18, 2008, 09:44 PM
    Go to small claims court or magistrate court, which ever exists in your jurisdiction and speak with a clerk about the process of demanding possession and filing a dispossessory suit. You may need to place your belongings in storage at least temporarily.
    rsain2004's Avatar
    rsain2004 Posts: 207, Reputation: 6
    Full Member
     
    #3

    Jun 18, 2008, 09:47 PM
    Contact the Sheriffs' Office where the house is located, and ask them. Good luck, be wary of reprisal.
    jlanglois's Avatar
    jlanglois Posts: 2, Reputation: 1
    New Member
     
    #4

    Jun 18, 2008, 09:55 PM
    Do you think legal action would take longer than the 8 days they are planning to stay? The inconvenience of this is overwhelming and I just want to move into my house. We have 2 small kids, 2 dogs, 3 cats, and a parrot - we don't know of anywhere we could stay in the meantime that would accommodate such a zoo.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #5

    Jun 18, 2008, 10:12 PM
    My guess: it will take longer than 8 days, but ask the clerk.

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