My First Eviction (need Advice) 3.5 Million Home
My wife and I were convinced to purchase a large home for 2.5 million dollars over a year ago. We have our reasons why, but those are not the issues that I would like to discuss. The real estate investor that we bought the propery from has been renting it for 14 months. He has not paid his rent (10k a month) for the past 3 months. We sent him his Notice to Vacate and then filed a Forcible Detainer and Eviction Notice and have a court date set for the 25th of March (next week). He suddenly paid up his 3 months rent. I want him out of this house so I can sell it. What curveballs can this guy throw at me to keep me from evicting him come our court date on the 25th. We do not have a written lease aggreement. We only have an aggreement stating he would pay the insurance and taxes for the property, along with the monthly rent. He wanted to purchase the property from us, but has not been able to qualify.
Best you consult a local attorney experienced with evictions and eviction procedures.
Discuss with the attorney whether you still have any grounds for eviction once you have accepted all the back rent due.
If you accept the back payments or any portion of the back payments- you cannot evict. That's almost a univeral law, but you need to consult an attorney.
Plan B: You don't accept the back rent and you go to court. You prevail and you evict. End of story.
Plan C: You don't accept the back rent and you lose. You immediately send out a letter and inform him that the rent and security deposit wil be increased beginning with the month of May (30 days notice)assumes that the rent is due on the 1st of each month will be $2000/month. and as soon as he defaults on the payment you start the eviction again. After you go through this scenario a few times he'll get the message and move.
You can also just notify him that you are not going to renew the month to month lease . Give him notice on the 25 or March should the court decision go against you.. He would have until May 31 to move. If not you again begin the eviction process.
I would accept the backpayment, immediately require a contract to be signed with penalty rental rate, also include the option to show the place with a 24hr notice. If it's month to month you have the right to terminate the contract and evict after the first of the month. Take the 3 months rent and evict them after the screw up again - hopefully may shape him up or ship him out. After you get the 30k Offer him 5k if he will move out in 48-72 hours - try to be nice tell him you need it sold. Then when he is packed up ready to leave decide if you want to give it to him, ha ha.[ Edited by Investor007 on Date 03/22/2004 ]
Get a lawyer that specializes in tenant landlord law and in evictions. Do not try to save a little bit of money only to lose a lot.
Brenda