breached landcontract

[auntjacks]

What is the name of your state? indiana
we are the landcontract sellers.we didnt know the buyer
moved out .we believed he moved out 2 mos.ago
there is damage in the home&unpaid lot rent.
the lot rent is like 2 mos.behind.he's the only one that signed
the contract other than my husband&i.
he was seperated from his wife.he moved her in without
our conscent .he never told us.his wife isnt on the contract
what so ever.well,he moved out,she is still living there.
we dont care to do another contract.is it legal for her to
stay there????without our permission?she said,her husband
went&filed for divorce rescently.an is she responsible for
part of the damages&lot rent as well?the title to the home is
in my husband's name only.

 

[djohnson]

I don't understand from your post if you are trying to get her to move out or if you want her to stay but just not sign another lease. If you want her out and she doesn't move willingly you may have to evict her legally since she is already there. If you want her to stay that is up to you but understand she us under no contract with you to do things your way.

 

[auntjacks]

djohnson,
thank u for the advice.i talked to a lawyer,he said "if we dont
want to do another contract ",thats our choice.
she has 2 kids that live with her in our trailor.
that we done land contract on.we just dont want to do
another contract.this is the 2nd time there has been damages
from doing contracts.we're also afraid if we do 1 with
the lady thats living there(under false pretenses).
because,her husband might try to move back in
without our permission.an we dont want that at all.
we know we could put in the contract that he's not allowed
to step 1 foot in there .but,he does what he wants
(he just plain doesnt care).the lawyer,also told us
that the judge might tell us we need a mortgage foreclosure.
we asked,our county zoning board if we could move our
trailor on our land.they said,no".because,we have to have
20 acres or more.we have 11 acres.damn,are they picky.
i could understand if we had 1 or 2 acres of land.
even though your paying on something like land or home.
the counties still try to act like they own it.but,we'll find a way hopefully.