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justright73 | What can I do if I suspect my leased home has become abandoned? |
I have a contract with a couple, where I have leased my home to them under the agreement they were to obtain fianancing within a certain amount of time. Therefore, they have been making payments, not on time, and as of the other day they wish to sell the property and have moved out of the home. I explained to them, they can't sell the property becasue they don't own it. My question is, do I have the right to enter the home to see if they have moved out all of their possessions? I still have a key and can't see into the windows to verify they have moved. I am concerned that they have "trashed" the home and have utilities disconnected, therefore with the cold weather could do damage to the pipes, etc...I have obtained legal advice on the idea they wish to sell the property, I just need to know if they have completely moved out so I can take further steps to annull the lease. Has anyone have any advice? |
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Mike
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That sounds like some people that I lease optioned a property to a litlle over twenty years ago.
I wonder if they are still wandering around out there.
In my experience with something like this you must have legal advice.
You must have an attorney.
The laws vary state to state and the laws are very unforgiving of landlords.
If you made a lease with an option to purchase, this can complicate matters considerably, especially if you now wish to sell the property.
Depending on the language of the lease, they may still have the right to come in and purchase the property.
This can create a cloud on the title of your property that will interfere with, if not prevent you from selling that property.
At the very least any title company involved in the transaction will be having conniption fits over insuring the title in the transaction.
You need an attorney not only for the eviction but also more importantly to make certain that you do not have a cloud on title that will interfere with your ability to give good title to the property upon sale.
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grannyzattic
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If you own the home you have every right to enter it. I don't think that I would go over there alone.
They cannot sell the house if the mortgage or deed is in your name, that is just how it is, it is recorded in your name at the Registrar of Deeds and only you can change that. |
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Cathy K
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I would send them a certified letter stating that I will be entering the property within 5 days of the reciept of this letter. If after a week you havent heard anything then go ahead and enter. Make sure you keep a copy of the letter for your self and proof that you mailed it just in case they do take you to court. Also if they haven't paid you for this month then you should be able to have the right to go inside to atleast post a notice on the inside of the door stating that they broke the agreement for not paying. Hope this works. |
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Denise P
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Sounds like the same people I had in my rental! First, you have the right to inspect the premises with proper notice. Post a notice on the door of the home stating that you will return in a certain number of days to inspect the property. (Google "landlord rights" and your state to find out how much notice you have to give them.) Of course, if they are no longer living there, they will not respond and you can inspect the property when the time has elapsed. You may also have other rights as far as emergency measures. You do have the right to protect your home from damage if you believe that it is in danger. Go to the local magistrate (we have magistrates that handle things like that in SC) or whomeverhandles that sort of thing in your state and see if you can get him to issue an order for you to inspect the property and, if you find that it is abandoned, for you to "evict" the tenants. You should be able to do this if the tenants have no personal property in the home.
By the way, we found out that the people we were renting to with a "buy" option had left the premises and were subletting (against the rent to buy agreement) and they were lying to us and telling us that they wanted to buy the property, when in actuality, they were planning on selling it to the people that they had sublet it to as soon as they bought it from us. They told these people that they owned it! We ended up getting it all straightened out in the end, but I will never rent out property again! |
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Gem
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Find a friend/business associate that would be a reliable witness in court. (no criminal record, speaks/dresses well, acts professionally, isn't intimidating)
Call them (or attempt to) first. If number is disconnected, record the recording saying so. If they have voice mail/answering machine, state your name, the day and time and then say that you will be at the address in 24 hours for an inspection.
Take the witness with you and go. Pound on the door to make sure no one is there, then go in. I would take a camera and get pictures. A video recording would be even better.
You need to check your rental laws in your state and abide by them. If they no longer live there and all their stuff is removed, you may be able to take possession faster.
If in your shoes I would consult an attorney. The money you pay for a consultation could save you thousands if you screw up and violate a state law, especially if the tenants & the state say you performed an unlawful eviction.
Good luck |
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redd headd
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It's your house, you have every right to do whatever you want. like you said they don't own it. I would want to check it out and quickly, they could have left the place unlocked. You could request the police to see if there is anyone there and the property is locked up. |
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musicjunkie
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Just to be on the safe side, post a 24 hour notice of entry on the front door, mail a copy registered mail to their address and try to contact them phone and email and document everything.
If they have abandoned the property you can post a notice of abandonment and go from there. You will be liable for paying for their belongings to be stored for a period of time (depending on your local landlord/tenant laws).
After that, you should be free to sell the house.
Good luck. |
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Steve 369
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Pray and call you State Attorney Generals office. They should be able to help you go in the right direction.
Here's some music to help relieve your stress: |
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CuriousJ
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Put a 3 day notice on the door saying you're coming for an inspection of the property. Do it, and I'd say you gave reasonable notice! |
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HEATHER
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You own the property and have every right to enter it. If you have a written lease with them saying you have to give them a specific notice such as 24 hours, abide by that. If they have left start eviction proceedings just to cover your butt. |
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D and G Gifts Etc
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As the landlord you have a right to enter the premisis at anytime during normal business hours and with prior notice. If you can not get your tenants on the telephone simply write a notice and attach it to the outside of the door. In the notice state that you are going to be entering the residence on such and such a date at such and such a time. I believe the standard notice is 2 to 3 days. If you believe that the residence is in immediate harm (busted pipes) call your local police department and ask that they escort you or meet you at the residence so that you can do a walk through. If you think that they have trashed the residence it would be a good idea to have the police there anyhow so that they can see first hand what has occured and you can file any police reports at that time, Good luck to you |
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