timmym22 0 Report post Posted January 21, 2009 I need some help with evicting a tenant buyer. I did a cooperative assignment with the owner which is my friend that now lives out of state. So I put a tenant buyer in the property and they claim to have sent the check a week ago but nothing has been received yet. When I wrote up the contracts I had one contract with the lease and option on the same contract and then I just assigned it to the end tenant buyer. What steps need to be taken in order to evict them, is this considered an eviction or foreclosure?Since I don't own the home and am not responsible for anything in the deal, what steps need to be taken in order to evict someone. I have never done an eviction before. Would it be easier to give them $500 and say walk? please help! Share this post Link to post Share on other sites
MichaelC 160 Report post Posted January 21, 2009 Timmy, no one can give you advise on this matter except a local attorney who is well versed in tenant/landlord law and who has had the opportunity to review your agreement. From what you describe, I don't think you can do an eviction. This is a CA that you assigned to a t/b. Your interest in the deal terminated once all parties signed off on the Assignment Agreement. This is an issue between homeowner and his tenant. Share this post Link to post Share on other sites
timmym22 0 Report post Posted January 21, 2009 I know that i am out of the deal, but the owner if my friend so I am trying to help him out. He actually has to file the claim correct? Have you ever used the trick of give the tenants $500 and asking them leave? please advise Share this post Link to post Share on other sites
MichaelC 160 Report post Posted January 21, 2009 Timmy, the best way to help your friend is to tell him to contact an attorney. I'm not trying to be difficult, but that really is the direction to take with him being out of state and all. You can't sign for anything, nor should you.And, yeah, in an effort to ward off a legal proceeding you can try a little bribery. If you do, though, do not pay them until they are moved out with all their possessions, and you have checked for damages. Share this post Link to post Share on other sites
timmym22 0 Report post Posted January 21, 2009 The problem I have here is that he keeps calling me and wanting me to contact the tenants to find out where his check is. So I am kind of in the middle of this thing even though legally I have nothing to do with it because everyone signed the assingment contract and it stated that they will not hold me liable for anything. So legally I am protected and they can't do anything to me. But because he is my friend I feel bad that these people that i put in for him are not paying. He is in dire straits financially and is behind on the mortgage bc they have not paid. so if i tell him to have the attorney help with the evicition, he will probably blow up on me. what would you do?thanks MC Share this post Link to post Share on other sites
MichaelC 160 Report post Posted January 21, 2009 That's the problem with mixing business with family or friends. Too late for that now, though. What would I do? I'd end the drama and tell him what I know to be the right thing. He needs to speak with the tenants directly, and he needs to contact an attorney. The longer this is put off, the worse it becomes for him. Share this post Link to post Share on other sites
BEV! 0 Report post Posted January 21, 2009 This is a nasty situation to be in. I'm not an attorney but I know that the owner needs to take action FAST on this.Here in CA, evictions can take yrs. I personally know tenants that have been fighting getting evicted for over 1 yr rent free.Why? Because California is a very tenant friendly state and no landlord is allowed to self evict any tenant nor give them a hard time or else the landlord gets in big trouble and will have to pay the tenant $100 per day that the landlord tries to self evict them or for harassing them in any way shape or form. In my opinion, and if I were the owner of the house, is best to negotiate with the tenants (money talks), if that doesn't work, I would bluff to them (verbally) if that doesn't work. I would look into wage garnishment (hopefully they're employed). I don't know the process nor time frame on this. But I would file for eviction asap as this takes a minimum of 2 months to possibly a yr rent free, depending on your state laws... Here in California is a tenants state. (tenant is always right / innocent until proven wrong / guilty) sort of speak. Good Luck! Share this post Link to post Share on other sites
GetSmart 0 Report post Posted January 22, 2009 get a limited power of attorney from your friend so you can handle matters as if you are your friend, then contact an attorney yourself and get this thing cleared up. Share this post Link to post Share on other sites
Jonathan RexfordFL 8 Report post Posted January 22, 2009 Or go visit the tenant and say hey we know that sometimes the mail gets lost. Lets go down to the bank right now and put a stop payment on that check and you can issue a cashiers check for the rent. If they say.....oooops. then you know what you are dealing with. Share this post Link to post Share on other sites
<Steve> 82 Report post Posted January 22, 2009 You need to issue a 10 day demand letter to pay or an eviction will follow. After 10 days go to the court house and file for eviction and set a court date. The sheriff will ride out and serve the court summons or it will be mailed to the tenant. You can get a state specific 10 day demand letter on USLegal.com But, I agree with MC this is a CA and you should do everything you can to stay out of the middle. It can get to confusing. You don't want anyone coming after you. Share this post Link to post Share on other sites
Jonathan RexfordFL 8 Report post Posted January 22, 2009 Florida it is much different. 3 day 7 day FILE. 30 days your gone. Share this post Link to post Share on other sites
timmym22 0 Report post Posted January 22, 2009 this may be a stupid question. But when there is money put down as an option consideration. Can you evict them just like a normal tenant and rental situation or is this a foreclosure process? I always thought it was an eviction type situation, am I wrong on this? can somebody explain? thanks for the help guys. Share this post Link to post Share on other sites
MichaelC 160 Report post Posted January 22, 2009 There will be those who try and argue otherwise, but I am firmly of the belief that a non paying tenant, even if they have an option and have paid option consideration, is no different than any non paying tenant. Meaning, this would require an eviction, not a foreclosure process. Share this post Link to post Share on other sites
timmym22 0 Report post Posted January 22, 2009 that is what i thought as well michael. thanks for the clarification. i agree with you. Share this post Link to post Share on other sites
