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gskelly · Sep 16, 2010, 05:09 AM

I have a tenant that agreed to pay monthly payments and once I pay off property I would give them it.but they haven't paid me for 6 months .there is drug activity and the place is a mess.I tried to evict them but since I did have a hand written paper stating rent to own.I have to go to circuit court.is there an easier way to get them out.I just want my property back.

smoothy · Sep 16, 2010, 05:13 AM

Get the police to arrest them for the drug activity...

I still don't understand why the standard eviction process would not apply since they have failed to make any payments. Doesn't matter if they bought it off you and you held the mortgage... except you would be foreclosing instead of simply evicting. They already broke the contract by failing to make payments.

In any case, why did you wait this long... get a lawyer and file with the court so you know its done in accordance with the law. The sooner you start the sooner you can get it back.

ScottGem · Sep 16, 2010, 05:20 AM

"since i did have a hand writen paper stating rent to own"

You entered into a contract for sale on a handwritten piece of paper? This may sound harsh, but you deserve the problems you have.

Generally a contract for sale is written properly so that, if the buyer defaults on their payments, the contract is voided and they revert to being a tenant. From there the eviction process takes over. I agree with smoothy however, that absent a detailed contract this is what should happen.

Who told you that you have to go to circuit court and why?

AK lawyer · Sep 16, 2010, 06:45 AM

Originally Posted by ScottGem

...
You entered into a contract for sale on a handwritten piece of paper? This may sound harsh, but you deserve the problems you have.
...

Agreed, not because it's hand-written, but because you didn't spend a few bucks (or make the buyer spend a few) to get an attorney write the contract. It doesn't matter whether he had hand-written or not; the important thing is that it should have been written by a professional.

ScottGem · Sep 16, 2010, 07:32 AM

Originally Posted by AK lawyer

Agreed, not because it's hand-written, but because you didn't spend a few bucks (or make the buyer spend a few) to get an attorney write the contract. It doesn't matter whether he had hand-written or not; the important thing is that it should have been written by a professional.

I agree it would have been much better to have it done by a professional. And I didn't mean that it was bad just because it was handwritten. But the implication from the OP was that it was just a simple agreement with no provisions to protect the seller.