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Landlord / Tenant Issues Includes Leases, Evictions, etc.



               


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  #1  
Old 09-10-2002, 02:04 PM
drseuss8
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New Owner - can't get old tenant's out


In need of advice....

We are in Tennessee. We have purchased a home (over a month ago) that had previous renters living in it. They have agreed to pay us for the past two months and have not. Last month, we told them that in lieu of payment that we would like some things done to the outside of the house in return (ie: mow yard, weed-eat, clean out shed). They verbally agreed to this and have not followed through. We are the rightful owners of the house and there is no current (or past) lease involved. They have indicated that they have no intentions of leaving until they are physically removed. What can we do to make them leave?
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Old 09-10-2002, 02:24 PM
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1) Do they have a security deposit for their tenancy?? You might need to contact the former owner to find out.... do it in WRITING since it could have legal ramifications for you if they do. Also, if they do, then you need to get the deposit (plus interest if required by state law) from the former owner!!!

2) As for the tenants, you now get the thrill and excitement of eviction proceedings. The first thing you will have to do is to give them written notice to vacate the premises. State law specifies the requirements. Then, if they don't vacate voluntarily, you will have to start formal (legal) eviction proceedings (contact your local court for instructions).

For more, go to:
[url]http://www.mv.com/ipusers/nhpoa/tnevict.htm[/url]
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Old 09-10-2002, 02:33 PM
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Re: New Owner - can't get old tenant's out


[quote]Originally posted by drseuss8
[b]In need of advice....

We are in Tennessee. We have purchased a home (over a month ago) that had previous renters living in it. They have agreed to pay us for the past two months and have not.

**A: as Halket mentioned, hopefully you accounted for the tenants security deposit and pro-rated rent at closing. Also you should have asked for a copy of the tenant's rental history as a condition for acceptance. They probably always pay late and if you knew this early on you could have demanded that the Seller evict them and transfer the property free and clear of occupants at closing.
Now you are stuck with deadbeats.
************


Last month, we told them that in lieu of payment that we would like some things done to the outside of the house in return (ie: mow yard, weed-eat, clean out shed). They verbally agreed to this and have not followed through.

**A: Never ever do this with tenants. And most importantly when the tenants are behind in rent.
Unless you have full control ie. settlement agreement in writing via Court order.
***********


We are the rightful owners of the house and there is no current (or past) lease involved. They have indicated that they have no intentions of leaving until they are physically removed. What can we do to make them leave?

**A: see Halket's correct response.
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  #4  
Old 09-10-2002, 02:52 PM
drseuss8
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Yuck!


Well - there was no original lease (or security deposit) and their agreements were all verbal. They knew for months (approx. 3) that we were buying the house. We gave them a written 30-day notice and now we are just waiting for that time to run out, but don't know what to do if they are not out by the time written in the notice. They have stated that they will not leave. Is court action the only choice we have?

Thank you for your advice - and for responding quickly!
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  #5  
Old 09-10-2002, 03:28 PM
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Did you go to the link that I suggested???
When you do, you will see what you need to do.

And, yes, if the do not move out voluntarily on your notice to vacate, you WILL have to go to court. Ah, the joys of being a landlord!!!
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  #6  
Old 09-10-2002, 04:14 PM
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Re: Yuck!


[quote]Originally posted by drseuss8
[b]Well - there was no original lease (or security deposit) and their agreements were all verbal. They knew for months (approx. 3) that we were buying the house. We gave them a written 30-day notice and now we are just waiting for that time to run out, but don't know what to do if they are not out by the time written in the notice. They have stated that they will not leave.

**A: good grief, the 30 day notice was to terminate their m/m lease and for them to move out right? Did it have anything to do with them paying the rent. Did you demand the rent pursuant to L/T law? The problem is you have no clue as to the laws. If you did not give them a pay or quit letter, you need to. You do not have to wait the 30 days but should have sent them a pay or quit. Then if the rent is not paid, file for eviction immediately.
**********


Is court action the only choice we have?

Thank you for your advice - and for responding quickly!

**A: no, you have other options.

!) offer to pay them $2000 cash if they move out by next weekend.
2) offer the cash to Bruno and Bubba to visit these tenants and have a nice little talk with them. Maybe make the tenants an offer they can't refuse.
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