we were told that the tennant would be out when we closed now after closing he wont move until after the first of the year so we put and eviction notice for 10days and we recived a letter from his lawyer saying he wasnt properly notified and that after dec31 we can evict. now our first payment is due dec26 we dont want anything but for him to move but our payment is nearly double his month to month verbal rent agreement please help in arkansas
2007-11-28 17:03:55 · 6 answers · asked by spadestransport2002 1 in Politics & Government ➔ Law & Ethics
The lease is the key. The tenant has the right to stay as long as the lease allows, but if the lease is month-to-month, a month's notice by either party can terminate the lease. Since it is now the end of November, the earliest date that you could compel the tenant to be out would be the end of December. For the record, give the tenant a 30-Day Notice to Quit, and be sure to collect the rent on December 1.
2007-11-28 17:10:35 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I hope you got a tidy discount on the house for the seller not delivering it without a tenant as promised.
I don't know about your state, but in some states, you can't start eviction proceedings during a period for which you have accepted rent.
But eviction is different from simply terminating a month to month lease. do that, but make sure it is sent to both the tenant and the layer "return receipt requested" from the post office, and make sure it gets there before the end of the month.
I hope you have the money form the previous owner regarding the security deposit, because you can be sure this tenant will exercise his rights to get it back promptly.
2007-11-29 04:12:27 · answer #2 · answered by Barry C 7 · 0⤊ 0⤋
My employer and his wife went through this some years ago. It was a nightmare. It got to the point where the police were going to have to put the woman and her belongings out on the sidewalk. She refused to leave.
By all means, get an attorney. DO NOT believe what his attorney is telling you.
2007-11-28 17:24:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It sounds like the tenant did something you should have done. Get legal advice, not just rely on what "someone " told you.
I have a suspicion you're screwed.
2007-11-28 17:13:13 · answer #4 · answered by TedEx 7 · 1⤊ 0⤋
Get yourself a lawyer. Now. Get this deadbeat off your property, then sue him.
2007-11-28 17:10:36 · answer #5 · answered by trentrockport 5 · 1⤊ 0⤋
get your money back from seller
2007-11-28 17:20:04 · answer #6 · answered by Anonymous · 1⤊ 0⤋