and tell them not to pay her until i get the property back? she might run off with the money and i accepted half of the money and she is trying to pay me the balance but i just keep telling her to vacate. am i obligated to accept the balance of the lease since i did say she could make a late payment but i changed my mind
2006-10-15 08:56:55 · 6 answers · asked by feeling hopeless 1 in Business & Finance ➔ Other - Business & Finance
You cannot change the terms of the contract for payment after it has been accepted between both parties, whether it is verbal or written. You have accepted a partial payment instead of full payment showing that this agreement has been accepted by you, and she has made a partial payment proving that it was accepted by her. If she is smart she has a receipt showing you accepted the partial payment. You also cannot accept a payment, then decide to change the terms of payment just because you have decided to not honor the agreement. She will have grounds to sue you in court for damages for breaking the contract/ agreement you made with her, and she can receive damages for slander if you contact anyone she knows and hurt her reputation. After all, you would be responsible for damaging her effort to make a living. You should have contacted an attorney before you made the agreement.
2006-10-15 09:28:40 · answer #1 · answered by Sparkles 7 · 0⤊ 0⤋
Contacting her customers, or trying any other "funny business" will not help your case. You need to go through the proper channels, (eviction notice, sherrifs dept.. etc) That way you will have a leg to stand on in court, if necessary. If she has failed her end of the lease, you should have no problem getting her out legally.
2006-10-15 16:03:33 · answer #2 · answered by dantheman_028 4 · 0⤊ 0⤋
Do a web search for your state's laws pertaining to rental agreements and eviction.
I must say that this should have been done before you became a "landlord"! There's a lot to know, it's not as simple as just having property and renting it out... but people learn this the hard way, as is evidenced by the question.
2006-10-15 16:05:45 · answer #3 · answered by fierce*flawless 2 · 0⤊ 0⤋
that would be a very underhanded thing to do
if she is trying to pay the balance, and is sincere, you are bound by your contract and your conscience to work with her to do just that.
Now you want to change your mind? We aren't arranging furniture in the living room here. Do what is right and good for all, and everything will work out without hard feelings.
2006-10-15 16:04:26 · answer #4 · answered by dredude52 6 · 0⤊ 0⤋
Talk to a lawyer. One that specializes on real estate.
But...if you have an agreement that you'd accept a late payment, you may not be able to chagne your mind. And going to her customers and telling them not to patronize her is tantamount to slander, or interderence with a legal business.
Again, check with a lawyer..
2006-10-15 16:02:39 · answer #5 · answered by Lynne 3 · 0⤊ 0⤋
you can not tell her customers about the problem you are having collecting the rent due you. she can sue you what you need to do is send her a eviction notice...contact your lawyer and have him do the paperwork so that it is legal....
2006-10-15 17:01:28 · answer #6 · answered by walterknowsall 5 · 0⤊ 0⤋