How To Get Owners Out Of My New House
Me and my wife bought a new house in may 2004 getting the morgage was tough because we were going to keep our house till we moved in and redid the kitchen and stuff so the bank aproved use we put down a large downpayment put the rate lock in at the bank and did the closing about 4 days before the loan would expire the owners needed ten days extra so the lawer made up a short lease for the 10 days at 89.00 per day and 5000.00 to stay in escrow if they did any thing the lease stated they were to surender the house on the 5 th of june and there were to be no extensions , that day came and went i got a lawyer got the 5000.00 3 weeks later the lawyer had to send the people a letter saying they were giving me the 5000.00 they went nuts and said they only needed till the weekend to leave and we agreid to give them the deposit back minus the 89.00 per day for the 3 weeks we went with my realistate agent my kids and my wife to get are house, we were told that it was there house and to get the f.. off there property if we know what was good for use i very comly told them that we bought the house on the 15th of may and that this was our house and they needed to pack up and move some were else in any case i left and my lawyer got me a court date they for aug 3rd they did not show up the court said they had 10 days so i said good i did not know it ment to reply , any way now i need to back to court to get a letter so i can get a sherif to get them out nobody my lawyer the court nobody can tell me how long these peple can stay i've payed to morgage payments at 3000.00 ruffly per month my house that i live in and im lost as why the people cant just get arreseted for being in my house .
thank You
I can understand how this makes you frusterated! I don't know how evictions work in your state but they can sometimes take a very long time. You did give the old owners permission to occupy your house when you signed a lease with them. You did a very good thing in getting the $5000 security deposit (if I understand you correctly). I would have made the daily rent higher if that was insufficient to cover your mortgage. Anyway it sounds as though you are in the process of an eviction. Unfortunatly you will just have to wait it out. You are entitled to your rent plus possible late fees and other fees. This all depends on what was written in the lease.
Hang in there and good luck
I thank you for the help 89.00 per day covers the house added in was the insurance and the taxes the big thing is im not getting anything and my lawyer said after i get posetion of the property i can go for the total due but they will only put a lean on them that i proply wont see the money for some time so this is what im concered with it seams like i or we have no rights in this you buy a house and the people you buy from stay and dont go and its been almost 3 months i have my house on the market but my agent is not pushing because i cant get an aswer of when i can move in to the new house ???
You stated that your RE agent is not pushing to sell your current house because you don't know when you're moving? That doesn't sound right. Although you're going thru this with the previous owners of your NEW house, your agent should be diligently marketing your house. Don't let your agent fall down on the job. Get your house sold & include the necessary clauses in the contract. Also, could you break up your sentences please....LOL
Don't worry it will all work out just stay on top of things.
I'm Holding my RE agent back because i bought the new house in may its the end of agust , I need a place for me and my family to live . I dont know any body that would give me an offer for a house that they cant have with in 30 or 40 days.
Don;t worry about the money yet - you will certainly pursue them for every nickel you have coming - focus on getting them out of the house - use whatever means you need to get them out - hint at the 5k going to them, hint at whatever you want, just don;t promise anything you won't keep. If that won;t work:::
One of my favorite techniques for getting rid of problem people is to start working on the inside of the house - i recommend 7am or so. After a week of 5-6 guys making plenty of productive noise at that hour, they will likely dramatically change their story.
What is your lawyer doing here????? he should be taking care of all of the court and sheriff related issues - with emphasis on speed.
If they got money from the sale I would have the lawyer ask for a writ of attachment against their bank accounts etc. and then you will get a lot more done in a hurry.
[addsig]
Quote:
On 2004-08-15 18:05, dkelley wrote:
That was a very long sentence. <g>
What sort of work you do as an occupation?
So Dave--did they ever vacate? Did you put them out?
How'd it go?
Mr. Kelley:
I would look in the phone book under 'evictions' and take all your paperwork to them. I would also take your paperwork to the house and post it on the door and then contact them and tell them that the Sheriff is coming by in the next 2-3 days to throw them out and you just wanted to let them know so they are not embarrassed.
I would also be very careful in this situation. Do not get into a confrontation with them. This exact same thing happened to me once and the guy invited me in the house and pulled a gun on me! I know a guy who was shot and killed over an incident like this, so be careful. Limit your contact..
Best Riches,
Jeff Adam
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On Thursday we got a 48 hour eviction from the court, they did not show up so I picked the letter up on Friday and brought it to the sheriff to deliver, another 200 dollars.
Monday they will serve the notice to evict and im guessing wed they leave or get taking?
I don’t know how it works now, I was told that if they did not leave on wed with there stuff I was going to have to hire a bonded moving company and pay 3 month storage about 1500 more dollars. Do they get to stay till there stuff is moved or do they leave on the Wednesday. I called the moving company to give them a heads up for this week but they were out so I left a message to see what’s what, why cant I just throw there stuff out? The law is for the bad people it seems. Well I’ll let you know how the rest works out
And thank you all very much.
David
Yes from what I hear Mass is a VERY tenant friendly state.
In my opinion there's not enough common sense in the laws of today.
It is my understanding that although you have to pay for the storage and moving fees, you can require them to reimburse you for said fees to retrieve those belongings.
If at the end of the three months, you haven't been paid you SHOULD be able to sell those belongings to get your money (or at least SOME of it).
I would look into this possibility.
They Did not move on friday they hired my moving company to move them I had to pay them 275. to be there on standby. it was bad my hole house was distroyed. holes in all the walls soiled carpets the kitchen cabinits were falling off tiles were broken the house looked like a big mess
I pulled out the cabinets teh floor the carpets started repinting the walls cut the lawn 5 times already got the pool clean orderd a new kitchen
The insurance company is paying for all damages on the property so thats the good part well thank you all.
Dave.
Take them to small claims court. Get the judgement listed on their credit history.
Also get a lien against their new property.