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Any attorneys in the house???

sleepy_monkey

sleepy_monkey

Dec 20, 2007
4,169
199
Asheville, NC
#1
I live in AL and I have a house that we rent out. The tenants had done a lease purchase (put down a sizable down payment too) and were supposed to work on their credit in order to purchase the house. The deadline was Aug 31, 2011. They still live in the house and have been paying but this month they haven't paid...it is due on the 1st and late on the 5th, but May 1st will be 30 days late. They are essentially in a month to month right now. What are my options. I spoke to them about 3 weeks ago and she said that I would have the check by April 14th...now they don't return my calls or answer. Just trying to see what I can do. I am going to call a local atty tomorrow but thought some folks here might have an idea.

I don't need any advice like "go over and throw their stuff out". It's not that easy and that is also not legal.
 
#2
I am not an attorney but I do own and rent a property locally. Living in South Florida, I know that every local county has different eviction laws regarding similar situations. If you don't already have an attorney, then perhaps you can get legal advice at a low cost. You have to find out what the local laws are and what your legal options are.....................Best of luck ....................:)
 
#4
sandmangeck said:
Did you give their down payment back? If not, cut them some slack.
Click to expand...

I'd be careful about doing that. Give someone an inch and they'll often take a mile. The fact that they've stopped responding to calls gives me the idea that they are planning to squat for as long as they can. I'd nip it in the butt now if you can't afford to be losing their rent payments.
 
#5
sandmangeck said:
Did you give their down payment back? If not, cut them some slack.
Click to expand...

Depending on how the contract was worded he may not have to. It's the risk they take and the risk he takes.

The fact they they don't have any decent excuses and are not returning calls, coupled with the fact that then a new months rent will be due, is cause for concern.

I'd contact an attorney. Worst case senario is you have the needed information if you find yourself in the same scenario again...
 
#6
I can tell you right now that you don't want to do anything retaliatory. It's generally not legal or wise for a landlord. Talk to the lawyer and see what he says. Are the tenants trying to exercise their purchase agreement or just continuing the lease for the moment?

If they are late on payments and non-responsive to lease payments alone, then you may wish to give them an eviction notice. That would likely need to be enforced in court if it came down to it. You want to be firm with them in case they are going to flake out and not be able to pay you. You don't want to have to go to court to enforce the eviction and recover damages if you don't have to, so mitigating this all early would be best. Do your due diligence and try to contact them through several methods.

After checking up on Alabama law a little bit, if you choose to evict for non-payment you have to provide a 7-day written notice, and then go to court to enforce it. I suspect the lawyer will tell you something similar, as far as the actual law goes.

Note: I am only in law school and am not giving formal legal advice. Definitely talk to the lawyer, but let me know what he says since I'm curious. :)
 
#7
Waterpilot said:
Depending on how the contract was worded he may not have to. It's the risk they take and the risk he takes.

The fact they they don't have any decent excuses and are not returning calls, coupled with the fact that then a new months rent will be due, is cause for concern.

I'd contact an attorney. Worst case senario is you have the needed information if you find yourself in the same scenario again...
Click to expand...

The contract they signed forfeited the down payment after August 31, 2011. Also, i believe it stated if they were 30 days late they would be in violation... I can't remember. I am going to call an atty tomorrow and drop off all the stuff I have.

I have done nothing but cut them slack since the day they moved in. I have let them keep numerous late fees ($50) in order to help them out and then they disregard my calls and messages.
 
#8
Sonic_Death said:
I can tell you right now that you don't want to do anything retaliatory. It's generally not legal or wise for a landlord. Talk to the lawyer and see what he says. Are the tenants trying to exercise their purchase agreement or just continuing the lease for the moment?

If they are late on payments and non-responsive to lease payments alone, then you may wish to give them an eviction notice. That would likely need to be enforced in court if it came down to it. You want to be firm with them in case they are going to flake out and not be able to pay you. You don't want to have to go to court to enforce the eviction and recover damages if you don't have to, so mitigating this all early would be best. Do your due diligence and try to contact them through several methods.

After checking up on Alabama law a little bit, if you choose to evict for non-payment you have to provide a 7-day written notice, and then go to court to enforce it. I suspect the lawyer will tell you something similar, as far as the actual law goes.

Note: I am only in law school and am not giving formal legal advice. Definitely talk to the lawyer, but let me know what he says since I'm curious. :)
Click to expand...

I definitely will act in accordance of the law. They still want the house but realistically it isn't going to happen (they have credit issues)

Yeah, I have sent them a pay or quit before....and the next step was an unlawful detainer. They paid before that was necessary. Now I just want them out. It's too stressful.
 
#12
sandmangeck said:
And you still come out ahead with the down payment. Just evict. Expect that down payment to cover damage to the house though.
Click to expand...

Definitely. I just hope that since it is a lease purchase an eviction is the correct process. I seriously am going to ask the attorney to handle it all unless somehow they make payment tomorrow. Otherwise, I will defer them to the lawyer when/if they contact me. Then the house is going up for sale.
 
#16
Here in California it can be very hard to evict.
I know the hard way. They lived in the house for three months
after the eviction notice and were lawfully forced out.
I took the tenant to court, won the judgement and never saw a dime.
The Judge told me to lein anything they owned. They put a
public statement in the local newpaper showing their assests.
Zero, nada.... car broke down, no money, no job, blah,blah,blah.
I initially rented to them because a friend suggested they were good tenants.
Destroyed the drywall and hardwood floors after I gave them the eviction notice.
I decided after that incident, renting out property just isn't for me. Sold the house.
You might end up taking a loss but look at it as one of those "lifes lessons". Good luck.

It discusts me that the state takes pity on those who do crap like this. You know... I have two houses so don't be such an ass and let them stay for free.
 
#19
... late fees are not always enforceable, legal, and can leave a bad taste in peoples mouths ... that is why in my rental contract I have the monthly rent listed at full price (what would be with the late fee), and if tenant pays on or before the 5th calendar day of the month they may take a $50 discount ... nets you the same rent, and most conscientous folk will appreciate the 'discount', and have a little more incentive to pay the lower price ...

FWIW, I have had only one incident that went bad in almost 25 years of owning rental housing, and if it even approached something like this I would not call, or write, I would face to face with them to see how I could 'help' ... you may need to work with them, but it is MUCH easier if you find out first hand, shoot straight with them and let them know you expect the same so that you can help them through their situation ... contracts are ammendable, the worst part is not knowing what is going on, and expecting the worse ..

I like to find out in person, where I can read their body language as I am asking them whats going on (and if you do it in their rental unit/home, you can also get a look at its condition) ... if you know what is going on to make their situation change, you can more than likely work something out, or at least not be guessing and up in the air about what steps you need to take ... JMHO
 

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