 nonpayment (by Mr.Mrs.Truempy [NC]) Apr 20, 2009 2:29 PM
 nonpayment (by rick [CA]) Apr 20, 2009 2:44 PM
nonpayment (by sid [MO]) Apr 20, 2009 2:48 PM
nonpayment (by Mrs.Truempy [NC]) Apr 20, 2009 2:52 PM
nonpayment (by Lynda [TX]) Apr 20, 2009 3:19 PM
nonpayment (by Bill [TX]) Apr 20, 2009 3:23 PM
nonpayment (by Lynda [TX]) Apr 20, 2009 3:25 PM
nonpayment (by The Mrs. [NC]) Apr 20, 2009 4:20 PM
nonpayment (by Hamlet [GA]) Apr 20, 2009 5:26 PM
nonpayment (by Mrs.Again [NC]) Apr 20, 2009 5:41 PM
nonpayment (by Hamlet [GA]) Apr 20, 2009 7:11 PM
nonpayment (by Mrs.T [NC]) Apr 20, 2009 7:43 PM
nonpayment (by billy [MA]) Apr 21, 2009 7:24 AM
nonpayment (by sdf [SD]) Apr 21, 2009 4:46 PM
nonpayment (by Mrs.T [NC]) Apr 21, 2009 5:54 PM
nonpayment (by Lynda [TX]) Apr 27, 2009 2:58 PM
nonpayment (by Mrs.T [NC]) Apr 28, 2009 5:21 AM
nonpayment (by Mr.Mrs.Truempy [NC]) Posted on: Apr 20, 2009 2:29 PM
Message:
State Specific Question About: NORTH CAROLINA (NC) We have a tenant in our home. He rented the house AS IS. He has spent lots of time and money fixing it up..BUT HE REFUSES NOW TO PAY RENT...He is 4 bi-weekly payments behind...plus 4 late fees behind. He owes us 1300.00 total.
The court says we must hire a lawyer and can not just evict him because he has the option to buy after 18months.
We can NOT afford a lawyer and we want him out..what can we do?
--65.1.xxx.xx |
nonpayment (by rick [CA]) Posted on: Apr 20, 2009 2:44 PM
Message:
nonpayment (by sid [MO]) Posted on: Apr 20, 2009 2:48 PM
Message:
How much does the lawyer cost?
How much does a guy living in your house rent free cost?
Take whichever number is the lowest and proceed along the logical course of action. I'm thinking it's cheaper to hire a lawyer.
Now take a deep breath and repeat after me, "I will NEVER EVER EVER EVER allow a tenant to get behind on rent 8 weeks again!" I call my lawyers after after 7 DAYS no rent. It works.
Good luck. --204.80.xxx.xx |
nonpayment (by Mrs.Truempy [NC]) Posted on: Apr 20, 2009 2:52 PM
Message:
We rented the house because we can not afford it anymore..we moved to a cheap apt. then my husbands work hours where cut..Im fighting for disability..we have 120.00 in the bank and thats it..lawyer wants 2000 to start...so we looking at bankruptcy --65.1.xxx.xx |
nonpayment (by Lynda [TX]) Posted on: Apr 20, 2009 3:19 PM
Message:
Who, at what court, told you you cannot evict him if he has a Lease Option?? If you have a lease with him that covers his behavior while he is a RESIDENT in the home--and he brewaks the lease by not paying rent--then you evict him for that!
It has nothing to do with the Option to Purchase the property. He may in fact HAVE an Option to Buy which you may have to honor if he comes to you with the purchase price within the alloted timeframe of the Option. But he would be purchasing it from you AFTER he is out of the property BECAUSE he violated the lease contract by not paying rent. They are apples and oranges. Even clerks of the court do not always understand Lease Options. THE ONLY RIGHTS THE LEASE OPTION GIVES HIM IS TO PURCHASE IF HE HAS THE MONEY--IT DOESNOT GARUANTEE HIM CONTINUED RESIDENCE IN THE PROPERTY IF HE HAS VIOLATED THE LEASE.
Send him the appropriate notice to cure or quit that your city/state requires. If payment is not made--file for eviction for nonpayment. Do not let anyone but the judge (AFTER you you and the tenant are already in the courtroom) tell you you can't evict him. You are not reneging on your Option contract--you are just requiring him to live up to his lease contract--or you are demanding possession. --140.140.xx.x |
nonpayment (by Bill [TX]) Posted on: Apr 20, 2009 3:23 PM
Message:
Please continue looking for a lawyer who is does evictions in your area. The price should be a fraction of what you were quoted.
Good Luck to you! --71.158.xxx.x |
nonpayment (by Lynda [TX]) Posted on: Apr 20, 2009 3:25 PM
Message:
Remenber it is STILL YOUR property till he actually purchases it at the closing table with the full amount of the purchase price! You want posession of your property. Period. He had a chance to have both--the residency and the Purchase Option co-inside. But he threw away that chance by not paying rent under the Lease. He has no more right to live IN the property till he purchases it. He still has the option to purchase it--till that option runs out--but once evicted he has to live eslewhere during that time. --140.140.xx.x |
nonpayment (by The Mrs. [NC]) Posted on: Apr 20, 2009 4:20 PM
Message:
Rutherford County NC...Thats where I live..the court house in the town of Rutherfordton...The Clerk of Court told us we are not allowed to file an eviction..we must see a lawyer...and I have called a few..but even if its 200 or 2000..when you dont have much and are pardon my french suxin hine tit now..yeah
We would love to sell the property right out from under them...Anybody wanna buy a house?..bol --65.1.xxx.xx |
nonpayment (by Hamlet [GA]) Posted on: Apr 20, 2009 5:26 PM
Message:
I suggest that you investigate the website wwwDOTrentlawDOTcomSLASHevictionSLASHncevictionDOThtm (sorry - thats the only way to get the URL in here).
No one other than the judge in small claims court has the right to tell you "no". No one should be stopping you from filing - you may be wrong, but only the judge has the right to tell you that, and only in the venue of his court in a formal hearing.
And as others have said, don't ever let a tenant get more than one month behind. --98.66.xxx.xxx |
nonpayment (by Mrs.Again [NC]) Posted on: Apr 20, 2009 5:41 PM
Message:
Ok..we rented the house AS IS..the tenants put a lot of work in to it..if we would have hired someone..it would have taken over 30k..but..they know it was AS IS
the contract states AS IS...my fear the judge would say pay them for all the work..trust me I live in good ole boy HELL
you never know what might happen here --65.1.xxx.xx |
nonpayment (by Hamlet [GA]) Posted on: Apr 20, 2009 7:11 PM
Message:
YOu need to check your state laws - in most states, the landlord cannot delegate to the tenant his responsibility for keeping the premises in good order and repair - it sounds like that is what you are doing here.
Not that it matters, but why in the world would you want to do that, anyway? --98.66.xxx.xxx |
nonpayment (by Mrs.T [NC]) Posted on: Apr 20, 2009 7:43 PM
Message:
We only wanted to rent to someone who wanted to buy it..That way the year..or in this case..18 months would reflect good at the bank...they would have that time to prove they could make the payments and so on.
Thank you all for your advice...Im thinking we'll file bankruptcy..or if forced..we'll do a SHOW ME THE NOTE thing...and look for an interested investor in the meantime.
This is one of the places I can be found
taggedDOTcomSLASHMisfit4Peace
God bless..Good night --65.1.xxx.xx |
nonpayment (by billy [MA]) Posted on: Apr 21, 2009 7:24 AM
Message:
is there any law school around?somwtimes their students will help u.if u cant afford a lawyer u should not be in the biz.in my opinion. --208.58.x.xx |
nonpayment (by sdf [SD]) Posted on: Apr 21, 2009 4:46 PM
Message:
You'll have to get an attorney if you file bankrupcy. That attorney will take care of the rent house. You won't own it after you file bankrupcy anyway. The guy who is renting to own will have to ''buy'' the house from the trustee in the bankrupcy proceedings. --70.189.xx.xxx |
nonpayment (by Mrs.T [NC]) Posted on: Apr 21, 2009 5:54 PM
Message:
Nope..no law schools...But we are going to try and see a lawyer about probono
have any of you googled or youtubed
show me the note its very interesting --66.21.xxx.xx |
nonpayment (by Lynda [TX]) Posted on: Apr 27, 2009 2:58 PM
Message:
Mrs T--Do you have a lease with him for his residency in the house-OR did you do Lease Option paperwork only and then just let him move in??
If you have a lease that says he is to pay rent--and he ISN'T--then serve hin your 3 or 5-day pay or quit notice. If he does not pay all the rent get an EVICTION LAWYER--who only does evictions for a fixed price. If in court, he tells the judge he has 430K in the house--1) he will have to prove it, and 2) you are not telling him he cannot buy the property--he still CAN buy it till the LO runs out. He just can't live IN IT unless he pays rent. --140.140.xx.x |
nonpayment (by Mrs.T [NC]) Posted on: Apr 28, 2009 5:21 AM
Message:
Thank you for the advice...I have 2 investors interested in buying the property right now..it will take a load off our minds if it gets sold...if not..we have spoken to a lawyer who said go file papers...the day the papers are filed..give notice then... --65.80.xxx.xxx |
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