She owes well over 4000... shes at least three months behind. Can I accept some of her property as partial payment and then in turn evict her anyway as long as I dont accept 4000 worth of property? We do not have a written lease...
2006-12-08 02:11:30 · 5 answers · asked by mmikle 2 in Business & Finance ➔ Renting & Real Estate
If you take any of her stuff she can sue you later on for wrongful eviction. You just need to start the eviction proceeding. You can sue her later on. If you do take stuff from her, if you do sue her she can say you accepted the stuff in place of rent and you wont get anything.. plus you might not be able to evict her because you accepted rent in the form of propety.
2006-12-08 02:20:40 · answer #1 · answered by Caitlin 5 · 1⤊ 0⤋
No, you can not do that. Taking her property is basically saying that is her payment. She could claim in court that the monetary value of that cactus plant is $5,000 if she wanted to.Then you would owe her. Sounds to me like you need to just evict her and take her to court but do not try to get her possessions cause that will definitely come back at you.
2006-12-08 10:18:26 · answer #2 · answered by The_answer_person 5 · 2⤊ 0⤋
I would refrain from accepting ANY property in lieu of payment. if you're not careful, she can claim that by accepting her property, her debt to you was satisfied (paid in full) and you will not be awarded ANY additional funds. You need an attorney, ASAP. Especially since there isn't a written lease.
2006-12-08 10:16:16 · answer #3 · answered by clever nickname 6 · 2⤊ 0⤋
If she did not sign a lease you can evict for any reason you want. You can also accept anything you want. But, you cannot legally sue her for payment either.
2006-12-08 10:18:34 · answer #4 · answered by Anonymous · 0⤊ 2⤋
depending on what state you are in, by law you have the right to obtain the her belongings after due proceedings...
2006-12-08 10:22:07 · answer #5 · answered by blonde and full of ecstasy 1 · 0⤊ 2⤋