Thread: Want My Tenants Out... Advice?

If it's just a month to month agreement, you can give them 30 days notice at any time.

It sounds like they may be on a 2 year lease though? If that's the case, just like they are bound to stay 2 years, you are probably obligated to let them stay 2 years.

If they learn the house might go back to the bank, where they would get evicted by the bank anyway, they might be willing to move out sooner? Also, I don't see why the bank would deny your hardship package if you aren't living there, unless you are paying greater then $2k/mo rent somewhere else.

You can tell the bank that because your in such dire straights, you had to rent the house and move into a cheaper place to even afford the payment. Then again, if it's not owner occupied, they might raise your rate too. So check your loan terms.

Originally Posted by lechatnoir

I also rented it for 2 years.

If it is a lease, you are pretty much stuck, unless they breech the lease somehow, which then you need to follow what the statues dictate. I would look up your landlord/tenant laws in both the state statutes as well as any other overseeing laws. (In WI, there is an Agricultureal Law that protects the tenants as well, which sometimes makes my life a pain, since WI is a pro-tenant state, the landlords are really behind the 8-ball.) Also, if we write a lease over 1 year long, in WI, the rules change even greater in the tenant's favor, which I had learned "the hard way" in the past... Now I just write month-2-months, even though I want the tenants to stay "forever!" Much more leverage given to me, through the m-2-m argeement.

Anyway, find out what your statues say about landlord/tenant law. Though again, as long as the tenants don't breech the lease, I think you are pretty much done.

One question I DO have though is YOU KNEW you were losing $1K+/m, and yet you signed a 2-yr lease... WHY?!?! Sort of seems like you pointed the "gun" in your direction, and pulled the trigger from day #1.

Originally Posted by lechatnoir

I'm at risk of losing the property as I cannot afford the payments & rent, I am 30 days behind on the mortgage and have a hardship package in with my loan company.

Well, the government does have several programs out there, that may help you out, to lower your payments, probably to the level of your lease, but you will need to explain that to your lender(s) and provide them with the lease. All you can do is try.

Originally Posted by lechatnoir

I also owe over 150,000 more than the condo is worth.

Well, again, the government has programs out there, and a house has no value, until it is being sold... SO as long as you can get your lenders to lower your payments, to a level where it is not as much as a burden, and you can afford them, FMV is not part of the equation.

Roxanne, you could call up an attorney in your area, and generally they will tell you your options over the phone for nothing, but I think without a breech of the lease, your only option is to try to get the monthly payments at a reasonable level.

If the house does go to auction, the sheriff will evict them, but be wary about that as well, as the tenants MIGHT have legal cause to sue you for any costs that they incurred from being forcibly evicted prematurely.

Later!

What are the terms in the original lease agreement?

Are you on a month to month lease with them, in which case it would only require a 30 day notice in most states.

If you have signed over the rights to your home until 12/2010, you are going to have to come up with some kind of mutually beneficial arrangement to entice them out of your home. If they don't want to move however and they haven't broken the terms of the lease in any other way, you are going to be stuck with it.

I wish you the best with your situation!

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Any update on this so far? I'm interested in hearing how you fared.