question about land contract

[jmis]

What is the name of your state (only U.S. law)? I am from ohio. i have a land contract with a person living in my old home. i have a question about this contract. it is a basic contract provided by the city of warren ohio. now in the contract it says that i have to wait 30 days to fill for eviction for non payment. i know that part of it. but this man is alway up to 30 days late on his payment. is there anything i can do to have him evicted from the home? i always have to message him repeatedly to get him to make his payment. i am tired of this already. he just moved in there in october and has made 2 payments on time the rest have been up to 30 days late. i was told that i could take him to small claims court for a breach of contract because he is always late but the person that told me this is a law student and i am not sure how much they know about this topic so i wanted to get advice from elsewhere also. any information you can give would be great.

 

[STEPHAN]

Let me give you a similar advice that I got when I first posted here long time ago:

If you want to be a LL, know the rules of the game. There are responsibilities that come with being a LL.

As a start read this:

http://www.wikihow.com/Evict-a-Residential-Tenant-in-Ohio

 

[Just Blue]

Let me give you a similar advice that I got when I first posted here long time ago:If you want to be a LL, know the rules of the game. There are responsibilities that come with being a LL.

As a start read this:

http://www.wikihow.com/Evict-a-Residential-Tenant-in-Ohio

I remember that...



And you seem to have done it...

 

[jmis]

I never actually wanted to be a LL. i was trying to sell my house so that i could move to be closer to my kids. this was the fastest option for me to be able to make that move. i just wanted the place gone. now im stuck with this crap. but i will look at what you have posted and thank you for the response

 

[FarmerJ]

Is /was this land contract - contract for deed recorded at the county govt center? If it is then yes you must file for a breach of the contract , you will have to pay a fee to have the matter heard. BUT im not sure why you allowed that contract to give him that much of a grace period so I guess what you may want to do instead is if this contract for deed says that he has to have consent to do alterations / repairs /remodeling and he did work with out consent then to go for breach of contract. ( Im not sure why you allowed that contract to give him 30 days grace to pay with out being in breach but it seems like your stuck with it unless you can find a investor who will buy your contract ( your vendors interest in the property ) at a discount and then your all done with it and the guy who is supposed to be buying it will have to deal with the new vendor- contract for deed holder.

 

[jmis]

Is /was this land contract - contract for deed recorded at the county govt center? If it is then yes you must file for a breach of the contract , you will have to pay a fee to have the matter heard. BUT im not sure why you allowed that contract to give him that much of a grace period so I guess what you may want to do instead is if this contract for deed says that he has to have consent to do alterations / repairs /remodeling and he did work with out consent then to go for breach of contract. ( Im not sure why you allowed that contract to give him 30 days grace to pay with out being in breach but it seems like your stuck with it unless you can find a investor who will buy your contract ( your vendors interest in the property ) at a discount and then your all done with it and the guy who is supposed to be buying it will have to deal with the new vendor- contract for deed holder.

its a 10 day grace but in ohio from what i have seen you have to wait for 30 days to file the eviction and then they get 10 days to get caught up with all the behind payments. so a breech of contract is my best chance? or selling the contract. and yes it was submitted to the court after it was all done

 

[FarmerJ]

can you say where you get a ten day grace period from ? if this is a purchase its NOT RENTAL and rental housing laws would not apply with late payments or any so called grace periods. ( I had in the past bought two properties via contract for deed , my first home and my third property and those contracts had payment due dates and If I was late the vendors (the people I had bought from were free to choose to file for UD right away ) so again does your contract for deed give them a grace period or not ? if it does not then I suggest you consider having a Attorney be the one to write a demand letter for you and represent you since it seems you may not be sure what to do.

 

[jmis]

In the land contract, there is a 10 day period. I really dont know what to do. I never wanted to deal with any of this.

 

[jmis]

Ok the 10 days is just till the late payment fee is added

 

[FarmerJ]

Please say you did not enter into a rent to own ? if it was not a rent to own then again I have no idea why you did not remove the so called grace period but its too dang late so use the services of a atty to clean this up the best they can or sell your vendor interest to a investor and just live with discounting it.