[realconcerns]

How difficult is to evict in Florida when the contract is a Lease with Option to Buy? Someone was tellling me that the Lessor is considered part owner so it will be more dificult to evict if they fail to pay the rent.:confused:

[ScottGem]

Depends on the wording in the contract and the reasons for eviction. Generally, in a contract for sale, and especially in a lease with option to buy if the buyer defaults on the contract (or option), the contract reverts to a rental lease. From there it's the same as any eviction.

But you need to show the buyer has defaulted. If it's a matter of non-payment that should be easy. If its something else, it might be harder. Even if the buyer(tenant) brings up the contract, the judge is simply going to look at what the breach is to decide whether to grant an eviction.

The process doesn't change though. Also such a tenant is not a part owner. At least not usually, in such a situation, the seller retains title to the property which is only transferred when the buyer fulfills the terms of the contract.

[realconcerns]

Depends on the wording in the contract and the reasons for eviction. Generally, in a contract for sale, and especially in a lease with option to buy if the buyer defaults on the contract (or option), the contract reverts to a rental lease. From there its the same as any eviction.

But you need to show the buyer has defaulted. If its a matter of non-payment that should be easy. If its something else, it might be harder. Even if the buyer(tenant) brings up the contract, the judge is simply going to look at what the breach is to decide whether to grant an eviction.

The process doesn't change though. Also such a tenant is not a part owner. At least not usually, in such a situation, the seller retains title to the property whihc is only transferred when the buyer fulfills the terms of the contract.

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Thank you, I just really need to know which way will be easier/faster to evict for non payment. The land trust vs Lease with option to buy