Have Legal Questions? Ask a Lawyer Now.
Hi, and Welcome to JustAnswer
Thank you for your question,
My name isXXXXX am a licensed, practicing Attorney with 25 years experience and will be glad to help with your question
The Answer I am providing is information only and does not constitute the practice of law in jurisdictions where I am not licensed to practice. JustAnswer's policy and State Bar restrictions prohibit any attorney-client relationship, giving legal advice and client representation though this forum. The attorneys on JustAnswer are glad to answer questions and give information, but JustAnswer is not a law firm, so we cannot take on client representation and no attorney-client relationship is formed
Whether or not you can evict them depends on 2 things:
1. Do they continue to pay rent on time as agreed; and
2. What the written agreement says will happen if they do not move out by the end of September.
If they continue to pay you rent and the written agreement is silent as to what would happen if they did not move out by the end of September, then the Courts would say that a reasonable amount of time after the end of September is acceptable. I know this is not fair, and it's not right, but the law gives a "reasonable amount of time" for your sellers to get their house built. I would say that a "reasonable amount of time" would be until the end of this month (October) to mid- November to the end of November.
What you should do is write them a letter, sending it certified mail, return receipt requested, telling them that you have been patient, but it is now causing you serious inconvenience and financial hardship. Therefore, you must demand that they vacate the property by November 30, 2010, otherwise you will be forced to take legal action.
BONUS is always appreciated
That is the only way I get paid
ANDREA, JD, LLM
MEMBER, NY & PA BAR
Don't forget to leave positive feedback!
Don't worry, the law is in your favor. In situations such as yours, where no time period is mentioned, and as I said in my previous Answer, the law imposes a "reasonable amount of time". If your settlement was in August and the sellers led you to believe that they would be out by the end of September, then you r being patient until the end of October would be considered a reasonable amount of time. Therefore, you would be very safe in following the steps I outlined above in writing them the letter I suggested.
Thank you for accepting my Answer, and your very kind words in Feedback. But, what I appreciate the most is the confidence you placed in me in allowing me to help you.
If you have a question in the future, please feel free to ask for me by typing my name at the beginning of your question, , like this:
"Andrea, I would like to know.........." And the question will be directed to me.
Stay well and Kindest Regards,
MEMBER, NY & PA BAR
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).