For sometime now my husband's family have our property for some home group business,this people haven't paid rent to us every sense this whole thing started, and they have the house on foreclosure so many times, I decided to make this legal and demanded rent is being more than four years and they haven't gave us nothing out of this business but bad credit,I demanded rent enough to pay the mortgage on time and some for us, I need to make a legal contract that obligates them to pay us rent sense this house is in my husbands name this way we would pay our own mortgage and the house won't be in foreclosure again, this people they are bad people, they don't care about our needs they say we don't deserve money out of the business because we didn't invest any money in the business, but haven't being for my husband signature they would not have a business, so they refuse to pay rent, I know I could take this to court and I will but first I need a mortagage lease where can I find one?
2007-08-05 01:40:11 · 2 answers · asked by boricua_2290 5 in Business & Finance ➔ Renting & Real Estate
It sounds to me that the first problem is that you have no written instruments with these renters, if so the law provides for you to evict them and sue for back rent. If indeed there is no written lease in place, they are month to month tenants and as such all states that I know of require you to give them a 30 day notice to vacate the premises, then if they do not vacate you will be required to sue them in magistrate court or District court for a writ of restitution, eviction, payment of back rent and damages caused you for having to take this action. After the judge signs the orders then if they do not vacate you take the order to the sheriff and they will remove the tenants, if they do not pay the amounts stipulated in the judge's order you will need to reduce your judgement to a collection by asking the court to order so and you can collect your money through various ways including garnishment of any wages of the tenant.
Best of luck to you
2007-08-05 03:41:19 · answer #1 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
A mortgage lease won't change anything in how they pay their rents. It sounds as it's time to evict these losers and find someone else to rent that property. They will probably refuse to sign any documentation at this stage anyway.
A written agreement does nothing to force payment from them, other than give you a good legal standing if you have to take them to court.
2007-08-05 01:58:31 · answer #2 · answered by acermill 7 · 0⤊ 0⤋