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kmeece · Sep 27, 2010, 11:39 AM

My tenants have a lease purchase contract with us. They are to give us 30 days notice if they cannot pay rent or decide not to purchase the home or we can take immediate ownership of the property. I listen to excuses every month when they are 2 weeks late on payments and have not charged them late fees to date. They paid $300 of their $1300 payment this month (September) and called me 2 weeks after it was due to tell me that is all they have now and cannot pay in the future and will not be buying the house. She had been looking. I asked what we can do about payments and that was not an option. I feel bad for her so I agreed to let them stay until we found a renter. I found one and gave them until 10am on 10/2 to move. She did not know that we would find one so soon, and they said that they will not be leaving. I am getting ready to have the new renter sign a contract, but don't want to until I know they will be out. What can I do when I show up on the 2nd and they are now 2 months behind and will not leave. Do I have to wait another month to go through the eviction process? Can I have them escorted off my property? Can I evict and charge them for October too? Please help. It will all take place this Saturday. Plus the house is damaged already and I am worried about further damage to it! In this case, they have taken advantage of all of my kindness.

smoothy · Sep 27, 2010, 11:48 AM

You should have served them with papers saying they had 30 days to leave, And gone to court immediately to get them evicted. Being nice to deadbeats helps them and hurts you. But you HAVE to follow the letter of the law for evictions... or they will use it to extend their free rent period.

Hire a realestate lawyer, have them draft the appropriate papers and have them served correctly. It will cost a few bucks but you will end this much faster. Obviously what you have been doing wasn't working.

KatieK · Sep 27, 2010, 12:03 PM

I do not know where you are from, but here in SD we can get a 3 day eviction notice by just going to the local court house. Tell them what's going on and see if they will issue a order for evction. The sherrif will go and serve the papers and they will get so many days to get out otherwise the police will come after that. Unfortunately you will probably have to go to small claims court for the damages and past due rent. If all else fails try calling your local police department to see what your options are. Also if they have children be careful that you get this done before winter. They may use that against you to stay till spring. I hope I helped. Good Luck!

joypulv · Sep 27, 2010, 12:18 PM

You start formal eviction as soon as you are allowed under the laws of your state, terms of the contract not withstanding. Some states take forever, sorry. An authorized constable/sheriff/etc has to remove them and contents. Some states even make you pay for storage of possessions! I would tell the new renters that it won't be available 10/2. Sure you can charge for all the months not paid that are part of the lease, but it won't get you a dime probably. Yes, you were too kind. Find out any laws about willful or hazardous damage to see if that can speed up the eviction. ( How could they pay $300 this month yet be 2 months behind?)

ScottGem · Sep 27, 2010, 12:33 PM

Your contract should specify what happens in case of default. Generally a contract for deed reverts to a tenancy when there is a default. Once that happens you send them a notice that the contract is void and, if they don't pay the rental, you will have to evict them.

At this point you need to follow the eviction process for your local area. ANY question on law needs to include your general locale as laws vary.

You should have never promised a new tenant a date until you had an eviction order.

ballengerb1 · Sep 27, 2010, 12:46 PM

Not sure Katie was far off from the actual process in SD. The Laws on Eviction in South Dakota | eHow.com However, there is nothing in the original post telling us where the OP is located, 1/50 its SD. All others are correct, start the process, you should have started it day one to be safe.

Fr_Chuck · Sep 27, 2010, 12:52 PM

First since this is a contract for deed, remember you have to give them formal notice that they are in default and that the contract for deed ( sale) is converted to a rental. Normally although the contract states it does, you will have to inform them, that they have lost all of those rights, Then you will start eviction for non payment of rental fees.

Please read your contract ( and I hope an attorney * your attorney* wrote it) as to the exact method you do the eviction.

Please run this as a business, way ( and I mean way) too often by agree to let them stay without paying rent and the such merely comes back to bite you. Since now, how can rent be due if you agreed to let them stay without charging them rent

ScottGem · Sep 27, 2010, 01:09 PM

Originally Posted by ballengerb1

Not sure Katie was far off from the actual process in SD.

Read what Katie posted again. She stated that you can just go to a courthouse and get an eviction order. That's not what the site you linked to stated. First you give the tenant a 3 day pay or quit, THEN you go to court and file for an eviction order which involves a hearing. AFTER the hearing the court issues an eviction order which is then served by a sheriff.

AND as Chuck stated, first the OP needs to declare the contract voided.

Fr_Chuck · Sep 27, 2010, 01:20 PM

At least in TN I lost one eviction in court because I had not declared the contract void yet. And I could not count them being late before I did that, they got almost another month free rent on me before I could get them out.
Plus they left with the stove, window air unit, fridge and more when they did finally leave.

ballengerb1 · Sep 27, 2010, 02:00 PM

Scott, I agree with you but she wasn't far off. However, in a legal post close does not count so her advice was not helpful. She made it sound like you when down and picked up an order of eviction. She had a jist of it but not the exact sequence. Bottom line the OP needs to start his own eviction process pronto according to the laws of his state.

twinkiedooter · Sep 27, 2010, 05:49 PM

And if you have to get an Order of Eviction against these people be SURE to get an Order of Removal from the premises - otherwise legally they don't have to leave unless the Order of Removal goes along with the Order of Eviction. Have seen some tenants skate for months as legally the landlord did not have the "magic" Order of Removal to legally have the Sheriff put them OUT of the premises along with all their belongings. The Sheriff can serve the Order of Eviction but cannot forceably eject the renters without the Order of Removal. Yes, I know this is a technicality, but then you just might have some smarta$$ that knows the law and won't leave unless they are served with the Order of Removal. Just a heads up here for you to think about when the time comes. What's one more piece of paper for the Judge to sign? Priceless.