 |
|
| Browse | Ask | Answer | Search | Join/Login |
|
|
||||
|
My "Tenents" have a contract for deed. They paid down $20K. Not paid monthly in a yr
My "Tenants" paid down $20K on a contract for deed. They continuously paid late... I allowed them to string me along with the promise of a big settlement they are expecting. (They've lived in and damaged my house since ) I haven't gotten ANY payment from them since March 2012 and THAT was not even on time. Prior to the Contract for Deed, we had a lease with option. Once they paid $20K down, we went to contract for deed. The contract states that it will revert back to lease with option upon failure to pay (with notice from me) I didn't give written notice, just verbal. Now they owe, with late fee's, over $36K. I had a lawyer serve them an eviction notice, expecting 30 days to get this over with. He tells me since I am suing for more than $25K it is a circuit court case and we won't even GET A COURT DATE SET till 30 days after the file date (which was 7/15/13) The same lawyer that is handling their settlement (workman's comp) is handling the eviction) Should I have foreclosed? Should I change the amount they owe to $24,999 so it is no longer a circuit court case and eat the loss? I need them out of the house so I can repair it before it gets any worse (gutters are torn down, deck has fallen off the house due to the main barrier rotting between the basement and top floor on one corner of the house) and then sell the it. Smack me up side the head later, please advise the smartest approach to getting these lying free loaders out of my house.
|
||||
|
||||
|
First, you need to get your own lawyer, not one who represents the tenants, even if it's a separate action.
Second, you need to separate the eviction from the suit for damages. What does the contract say exactly about default? Generally you have to tell them that the contract is reverting to a rental lease and all monies paid are forfeit. Then give them a pay or quit notice for the unpaid rental. And proceed from there with the eviction. |
||||
|
||||
|
The attorney clearly has a conflict of interest. Maybe that's why he "cannot" get them out sooner.
I'm astounded that an attorney would take a case with such a conflict. Is he even aware that he's representing the people he's suing? State regulatory agencies, such as bar associations, take a very dim view of such behavior, and this attorney could very well be censured or even disbarred. Before you even think about changing the amount for which you are suing, change your attorney. |
||||
| Question Tools | Search this Question |
Add your answer here.
Check out some similar questions!
Hello All, I have been in a contract for deed agreement for a little over a year. The deed holder has now had his lawyer contact me because he can no longer pay the mortgage and is in default of the loan. I received the letter from his mortgage company at my home. The letter detailed that he is...
My deed states that the easement of access ,which is the roadway to my property, was bought and paid for... I am the dominant tenant of the easement and the property owner is the servient tenant; however, 1. with the deed stating that the easement was bought and paid for --- do I have to...
Record "paid short term note of 250" in general journal
We're debating getting our kids a cell phone for when they live with their mom during the summer. We're trying to weigh our options as to which would be the best option. If we buy a kid's phone that has basic mom/dad/emergency buttons, we could program our numbers into it and then not have to...
Can partial rent be considered "paid in full"? -------------------------------------------------------------------------------- I have a store in which the rent for the past 3 years has been $9K/month. I have 2 years left on the lease. I've spoken over the phone and have many email...
View more questions Search
|
