Here is a recent email I received from a lady: Initially after the purchase (the house), my verbal understanding with the tenant was that he will move out in a month. When the tenant didn’t move out even after 2 months, in August 2010, I served him a notice to vacate in 30-days (in person and by certified mail, which was refused and returned back to me-still sealed and dated).
He has been very unsocial since and had ordered me never to come over. Due to humanitarian circumstances (his wife was pregnant and expecting), I didn’t initiate eviction process. Now the lease has expired on 12/1/2010 and the tenant is demanding money to vacate the premises. He’s even threatened in front of eye witnesses (neighbors), that he’ll vandalize the property if I try to evict him. He has paid all his rents till now.
I NEED him out before end of December 2010 (my comment “Good Luck”) I bolded some of the phrases for emphesis . Okay at this point give the guy 30 days notice AGAIN and then go to court if he doesn’t leave. It’s really that simple. The emotions have taken over and that’s the real issue and from the sounds of it you want to move in because you have no place to go, that’s why you bought the house. You may have to consider a temporary place for a month or two while this plays out. Mistakes:
- Verbal understandings are WORTHLESS. They will deny the conversation ever took place. Plus they have a lease so they can stay. Also the tenant didn’t move out… they never do has been my experience if you don’t have it written down in a notice or agreement. Get everything in writing and then you have something with which to take action.
- They didn’t move after 2 months? Okay now the guy knows she is a push over, he can say and do what ever he wants and there will be nothing done about it. Remember the “Verbal” was one month.
- I have heard so many sob stories and there is always something the tenant will try and make you feel guilty about. Humanitarian! It’s your house act like it. If they want assistance the government is giving free hand outs.
Here is the real issue these people have a lease when you buy the house you have to honor it. They technically have the right to maintain possession based on the lease. As for this particular situation think about this: The guy has a pregnant wife, she in her nest, they don’t have to move they have a lease, big daddy bird starts protecting the nest and soon to come little chirp-per. You have a delicate situation on your hands. And you seem to be a really nice lady that forgot to think about this ahead of time. Now that the lease has expired and you have this hostile bird in your tree, sounds like this may end up in the courts and there may be a lot of bird crap to clean up and then back to court to try and recoup your loses. Fortunately for you I have heard a lot of idol threats and seen only minor things done. Lets hope that the Pterodactyls are really extinct.
All of this is just our opinion and not legal advice.
