OfflineI apologize if I have posted this in the wrong area. However, I DESPERATELY need your help if you can give it.
We have a house that we rented out to a family, and their rental contract expired. We have asked them to leave but have refused for over A YEAR now. Finally, we have talked to a lawyer and they provided us with a Pay or Quit notice. They (the family) contested, stating the house was not livable.
The lawyer's response was that until we fix the house to make it livable, they cannot enforce any evictions.
*Note* This house was livable when this family moved in. We have no money to fix this house now as they have not paid rent in over a year. What do you suggest I do here? I am very desperate and want to finally close the door on these people who have taken advantage of me.
Regards,
Tim
WHy can't you file for eviction no matter what the houses condition is in. Did you take pics before they rented it?? talk to more than one Lawyer, make sure they work with RE and are up on evictions. Don't know your state but I had a friend go through something simular here in NY. Took him over a yr to get them out. They were proffesional squaters.
good luck.
Richie
So others can help you in your situation.
Possible solutions will vary from state to state.
This is quite interesting.
I was evicted last year because the landlord kept getting code violations (not on my part fyi) and it got to a point where he wasn't allowed to have tenants in the property until the improvements were made, hence the evictions. This was a multiple unit building.
I don't know how this will work in your case as the situation seems quite different.
But I have to agree with B.C., get a second opinion from a different lawyer. That doesn't sound right that you'd need to fix it up before they can be evicted.
Mark K.
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These articles might have something that might be useful.
How To Handle Bad Tenants
What makes a strong lease agreement, eviction procedures and the right landlord forms
http://www.nuwireinvestor.com/howtos/how-to-handle-bad-tenants-52505.asp...
5 Most Common Landlord Legal Pitfalls - And How to Avoid Them
Watch out for these common mistakes that often cost landlords thousands of dollars.
http://www.nuwireinvestor.com/howtos/5-most-common-landlord-legal-pitfal...
The Top 5 Landlord Mistakes to Avoid
Easy to Make, Easy to Prevent, but Hard to Fix Afterwards
http://www.nuwireinvestor.com/howtos/the-top-5-landlord-mistakes-to-avoi...
I hope everything works out for you.
C
Thank you so much for the replies. I have a partner who is with me on this, and they have decided to apply for a loan to repair the property and THEN evict them.
I see problems here. The ones living do not want to move, so are saying the house is unlivable.
*There are now cockroaches infesting the property, and the air conditioning unit failed. (after their contract expired)* It's their main point in the eviction contestion.
By fixing up the property, do I think they are going to say "Yes, this is livable now, and we will go"? No, not a chance. I'm in the state of California by the way. I really do want to get a 2nd opinion from a different lawyer, so I will try to call one before my partner tries to do something that might not be the best course of action.
Tim
Hi Tim,
what if you try reasoning with your tenants instead; could you persuade them to leave with some relocation money?
(or tell them they have to leave because you'll be fumigating the place for bugs!
good luck!
Valerie
Valerie
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I would not fix a thing. They may destroy it again in spite and you will be down that money also. speak to another lawyer before u make a move.