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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 8:04 am to LSUTigers00884
Anxious to see how this plays into future active vs passive income threads.
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 8:27 am to MorgusTheMagnificent
First off, what did he pay you? He has no records of the cash deal.
I would do this off the books. Look into paying him to leave. $2000, call it even cash deal if he can be gone in 10 days. You meet him and pay him cash when he has vacated.
Or, work on evicting him.
If the guy doesn't have a lease and has no record of paying you, I'm not sure you killed the power to a tenant or a squatter. Legally it may not matter, just saying.
I have found though that its often easier to pay them to leave then pay a lawyer to kick them out.
I would do this off the books. Look into paying him to leave. $2000, call it even cash deal if he can be gone in 10 days. You meet him and pay him cash when he has vacated.
Or, work on evicting him.
If the guy doesn't have a lease and has no record of paying you, I'm not sure you killed the power to a tenant or a squatter. Legally it may not matter, just saying.
I have found though that its often easier to pay them to leave then pay a lawyer to kick them out.
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 8:37 am to LSUFanHouston
quote:
It sounds like he prepaid you $4,000 in rent and you have an oral rental contract.
Exactly. He paid 5 months rent and has been there 7 months. OP needs to handle it in that manner IMO.
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 9:45 am to Chad504boy
No. Nice house.
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 10:15 am to LSURussian
He paid me $4,000 in cash to get moved in. I never imagined someone would risk $4,000 by not answering phones calls after.
Bottom line is we got too comfortable thinking nothing bad could happen to us and are paying the price.
SOP exist for a reason...
Bottom line is we got too comfortable thinking nothing bad could happen to us and are paying the price.
SOP exist for a reason...
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 10:22 am to Weekend Warrior79
quote:
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.
lol. just the absolute worst advice
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 10:29 am to Weekend Warrior79
quote:
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.
Oral contracts are binding in my home state. Not sure where OP's rental house is located.
Also, OP just admitted in writing that he had an oral contact with the tenant/purchaser.
Seriously, get another attorney.
Posted on 9/5/19 at 10:34 am to hungryone
quote:
Also, OP just admitted in writing that he had an oral contact with the tenant/purchaser.
Time for ILB to porn bomb this thread.
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