[greatscott]

I am the seller in a Contact for Deed in Alabama. The buyer is more than 45 days delinquent in payments. The Statement of Agreement states if the buyer becomes delinquent the agreement can be terminated and the buyer then becomes the tenant. What steps do I need to take to terminate the Contract of Agreement and follow with an eviction, and how many days notice is appropriate? The buyer is also responsible for returning the property in the condition received. After eviction, can still sue for the amount of past due payments? What recourse do I have if the property needs repairs? Also, how much should I expect to pay to a real estate attorney to handle this matter?

[JudyKayTee]

First, you send a letter (return receipt requested) advising the buyer that he is delinquent and according to the contract XYZ (quoting the contract). Include in that letter a 10-day notice to vacate (according to law). Accomplish both tasks in one letter.

Then 10 days after he signs (or the letter is returned to you and you have it served on him), begin the eviction process.

Yes, you can sue for past due amounts; yes, you can sue for damages (take photos, get estimates. I trust you have photos of the condition when the tenant moved in).

How much will a real estate Attorney charge? Varies from place to place. In my area it's $150 an hour and up, depending on age/expertise/size of firm.

This should not be terribly complicated - it boils down to a contract gone sour.

Here's the info on eviction - Alabama Evictions

Did I cover it all?

If you are going to retain an Attorney I'd approach that Attorney now rather than later.

[greatscott]

Thanks Judy. I've contacted and plan to retain the same attoreny who drew up the contract for deed. Since I no longer reside in Alabama, I think this will be in my best interest.