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Started By
Message
Major issue with a tenant and I need advice
Posted on 9/5/19 at 6:41 am
Posted on 9/5/19 at 6:41 am
Before I start, I have already spoken to a lawyer. He basically told me I am screwed and to just pay and hope for the best.
On the story...
I have been living out of the country and my dad has been managing my properties. I have a house that I sold via owner financing.
$4,000 down. $800 a month
No paperwork was ever signed. Why you may ask?
When the guy moved in, he handed over the cash and then basically ignored all communication after. He never made another payment and would not sign any paperwork.
My dad gets the bright idea (sarcasm) to turn the power off on the house which is illegal.
Now I have a guy in the house that has been there for 7 months and hasn't paid anything other than the down-payment. My lawyer is telling me to pay the guy his money back and just hope he hasn't demolished the house.
Since he has no paperwork showing he legally lives there, I am wondering how I can turn this around to my advantage.
I'm expecting the house to be destroyed when I get it back just based on what the outside looks like.
Any thoughts or suggestions on how you would handle this? Would really like some other lawyers to chime in here.
I guess I was due. I've been in real estate 10 years and have never had a real problem until now. Lessons learned.
On the story...
I have been living out of the country and my dad has been managing my properties. I have a house that I sold via owner financing.
$4,000 down. $800 a month
No paperwork was ever signed. Why you may ask?
When the guy moved in, he handed over the cash and then basically ignored all communication after. He never made another payment and would not sign any paperwork.
My dad gets the bright idea (sarcasm) to turn the power off on the house which is illegal.
Now I have a guy in the house that has been there for 7 months and hasn't paid anything other than the down-payment. My lawyer is telling me to pay the guy his money back and just hope he hasn't demolished the house.
Since he has no paperwork showing he legally lives there, I am wondering how I can turn this around to my advantage.
I'm expecting the house to be destroyed when I get it back just based on what the outside looks like.
Any thoughts or suggestions on how you would handle this? Would really like some other lawyers to chime in here.
I guess I was due. I've been in real estate 10 years and have never had a real problem until now. Lessons learned.
22
Posted on 9/5/19 at 6:56 am to I Love Bama
Find another lawyer.
If this will go before a judge, you will not have to pay back the $4000. 7 x $800 = $5800. If anything, he owes you money (presuming you forfeit down payment and take monthly rent).
It’s not expected for a tenant to live for free.
Go through eviction process.
If this will go before a judge, you will not have to pay back the $4000. 7 x $800 = $5800. If anything, he owes you money (presuming you forfeit down payment and take monthly rent).
It’s not expected for a tenant to live for free.
Go through eviction process.
Posted on 9/5/19 at 8:09 am to I Love Bama
I would quit calling him a tenant and start calling him a squatter
I sneaky lawyer might twist that into something along the lines of him having a reasonable expectation to stay there being that he is your tenant and all
I sneaky lawyer might twist that into something along the lines of him having a reasonable expectation to stay there being that he is your tenant and all
Posted on 9/5/19 at 8:24 am to I Love Bama
quote:
have a house that I sold via owner financing.
quote:
No paperwork was ever signed.
Do you even Statute of Frauds, bro?
Posted on 9/5/19 at 8:32 am to I Love Bama
It doesn't sound like owner financing. It sounds like he prepaid you $4,000 in rent and you have an oral rental contract.
Is the guy still living in the house?
Can't you just evict him?
Is the guy still living in the house?
Can't you just evict him?
Posted on 9/5/19 at 9:08 am to I Love Bama
Posted on 9/5/19 at 9:22 am to I Love Bama
quote:
My dad gets the bright idea (sarcasm) to turn the power off on the house which is illegal.
Did he call to have it turned back on?
Posted on 9/5/19 at 9:40 am to I Love Bama
quote:
Before I start, I have already spoken to a lawyer. He basically told me I am screwed and to just pay and hope for the best.
On the story...
I have been living out of the country and my dad has been managing my properties. I have a house that I sold via owner financing.
$4,000 down. $800 a month
please tell me this is a run down trailer...
Posted on 9/5/19 at 9:56 am to I Love Bama
Only Fat Bastard has more experience than you in RE here. Maybe he can help
quote:time to put that emergency fund you've been saving up for years to work
guess I was due. I've been in real estate 10 years and have never had a real problem
Posted on 9/5/19 at 10:02 am to I Love Bama
quote:
When the guy moved in
How did he get the keys to the house? 
Posted on 9/5/19 at 10:16 am to I Love Bama
quote:
No paperwork was ever signed
So, the property is still in your name, and you have nothing to indicate that anyone lives there.
quote:
My dad gets the bright idea (sarcasm) to turn the power off on the house which is illegal.
Based on the fact that there is no record of anyone living there, I believe you would have the right to turn off all utilities.
As others have said, I would find another attorney, and start the eviction process. I would also contact the local Sherriff office, through the new attorney, and prove it's your house and that you believe you have a squatter on the premises that you need removed.
Posted on 9/5/19 at 10:25 am to I Love Bama
Delete this thread. Go home, shoot him. Call the police and say you came home to an intruder who attacked you.
Problem solved.
Problem solved.
Posted on 9/5/19 at 11:34 am to I Love Bama
Marcus Lemonis? That you?
Posted on 9/5/19 at 12:20 pm to I Love Bama
quote:
I've been in real estate 10 years
quote:
No paperwork was ever signed.
Posted on 9/5/19 at 12:27 pm to I Love Bama
1. Always get the paperwork signed before money changes hands and DEFINITELY before they move in.
2. Get another lawyer. This should be a slam-dunk.
3. Start eviction proceedings. Today. While he paid down, he has defaulted on his monthly payments. That combined with no written agreement means he is squatting.
2. Get another lawyer. This should be a slam-dunk.
3. Start eviction proceedings. Today. While he paid down, he has defaulted on his monthly payments. That combined with no written agreement means he is squatting.
Posted on 9/5/19 at 12:53 pm to I Love Bama
Reminds me of a thread a saw on the poliboard a couple weeks ago.
Why do Squatters Rights Exist?
Good luck.
Why do Squatters Rights Exist?
Good luck.
Posted on 9/5/19 at 3:11 pm to I Love Bama
I have given you shite over the years that you have given horrible RE advice on here. This just confirms what I have said but I won't kick you while you are down.
You need to start the eviction process and find a competent attorney to handle it for you. You need to start documenting daily or weekly at least the exterior of the house and it's condition if you have no access to the interior. If the guy destroyed the house then enjoy carrying a judgement against someone who will never pay it up and tying the property up in legal limbo while you pursue legal relief from this.
You also better hope that your dad didn't get you caught up in a serious legal matter by turning the power off. If the dude is a minoirty you will be in serious trouble while they scream discrimination so hopefully that's not the case. That one move may have given the Tennant an upper hand in reasoning why he quit paying you rent. With no contract, it's your word vs his and if he had competent legal representation he could make this very miserable for you.
As others have said, quit referring to it as owner finance and refer to him as a Tennant.
On a side note, that dude should say he's gay and you only did this to him because of his sexual preference.
You need to start the eviction process and find a competent attorney to handle it for you. You need to start documenting daily or weekly at least the exterior of the house and it's condition if you have no access to the interior. If the guy destroyed the house then enjoy carrying a judgement against someone who will never pay it up and tying the property up in legal limbo while you pursue legal relief from this.
You also better hope that your dad didn't get you caught up in a serious legal matter by turning the power off. If the dude is a minoirty you will be in serious trouble while they scream discrimination so hopefully that's not the case. That one move may have given the Tennant an upper hand in reasoning why he quit paying you rent. With no contract, it's your word vs his and if he had competent legal representation he could make this very miserable for you.
As others have said, quit referring to it as owner finance and refer to him as a Tennant.
On a side note, that dude should say he's gay and you only did this to him because of his sexual preference.
Posted on 9/5/19 at 4:32 pm to I Love Bama
Is shooting hm and coming back after the rats eat him an option?
Posted on 9/5/19 at 8:14 pm to I Love Bama
"No paperwork was ever signed."
Eh Las Bas.........
Eh Las Bas.........
Posted on 9/6/19 at 8:53 am to I Love Bama
So I’m confused as to how either party would not even make an agreement on a napkin for a deal of this importance.
But I think it’s especially insane from a buyer perspective because the risk and consequences, particularly the risk of getting scammed, are disproportionately greater.
Whether it’s willingness, ignorance, or apathy, taking on that risk is by far the biggest red flag to me.
Of course, I have the advantage of hindsight here, but after having people who did not own the home attempt to scam us for rent (house in Nashville; vacation rental in Key West) after just brief inquiries outside of more formal means, I would be considered about the seller’s legitimacy to make the deal, let alone his trustworthiness to abide by it without formal legal documentation to protect himself.
In other words, I know I’m trustworthy, but I also know that another person cannot know that, even if they believe it. And because I cannot know whether they’re trustworthy either, then I not only expect both of us to protect ourselves, I would be concerned if they didn’t.
But I think it’s especially insane from a buyer perspective because the risk and consequences, particularly the risk of getting scammed, are disproportionately greater.
Whether it’s willingness, ignorance, or apathy, taking on that risk is by far the biggest red flag to me.
Of course, I have the advantage of hindsight here, but after having people who did not own the home attempt to scam us for rent (house in Nashville; vacation rental in Key West) after just brief inquiries outside of more formal means, I would be considered about the seller’s legitimacy to make the deal, let alone his trustworthiness to abide by it without formal legal documentation to protect himself.
In other words, I know I’m trustworthy, but I also know that another person cannot know that, even if they believe it. And because I cannot know whether they’re trustworthy either, then I not only expect both of us to protect ourselves, I would be concerned if they didn’t.
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