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Irwin Law
Irwin Law, Attorney
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we have a rent to own agreement we have always paid - sometimes

Resolved Question:

we have a rent to own agreement
we have always paid - sometimes extra- every month for 5 years this month.
today our "landlord/mortgage holder" showed up and said because he did not like our pens for chickens and bunnies and that we had allowed it to "grow up" (its in the middle of a forest-- aside from a few polk berry bushes that are growing there is no real over growth) he is going to "Sue us" he took pictures of spider webs over the flood lights (that you need a ladder to get up to) and when we asked what if we clean it up to your desires? he said "ITS TOO LATE" (this is the first time he has EVER said anything and we have had our animals here the entire time in these same pens (nice pens but of course, these are chickens and bunnies) what do we need to do?
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.

As long as your payments are current under the contract, a court is not likely to permit him to cancel the contract. He has waived any claim of breach of contract for keeping the animals over five years. A few cobwebs and other conditions do not sound serious if you correct them. That said, it sounds like he wants to take the property back so he can sell it for more than you owe him. You should have someone review the contract and your payment history and figure out how much you owe to finish buying it. Then, if the value is worth a lot more than that now, look into getting a bank loan to pay him off and take title to property in your name.

I hope that this information is helpful. If not, and you need further information, please do not rate this Answer and just send me a Reply asking for clarification. After that, I hope you will enter a positive rating so that I will be compensated for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4957
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

he has a clause or whatever in the contract that says we are not to alter the natural vegetation except for grass mowing an dead trees too


we are having someone clean our yard today --


how can I ask him to return to see what he is upset about?


we are also having a friend take the animals and cages/pens (2 chickens, 1 rooster, 4 bunnies, 1 mini pig [40 lbs]


 


because we realized it [contract] also has something in it about if the property does not meet his expectations .. very vague...


 


the only other thing our contract says is that if the property has been condemned we must move but we are still liable (it is not condemned)


 


we tried a bank loan- because the road/drive is private and shared but n o maintenance agreement between all of the 6 adjoining landowners they will not approve a mortgage


 


any other options other than hiring an attorney ourselves? we really cannot afford one (primary breadwinner was laid off and out of work for nearly 2 years and is only working part time now)

Expert:  Irwin Law replied 1 year ago.

He hasn't done anything yet, and if he does, there are defenses that you can raise. The law doesn't support forfeiture of property very easily. Be sure to keep making your payments. As long as he accepts them, you're okay. If he stops, then you are probably going to need a lawyer if you wish to avoid losing the property.

I hope that this information is helpful. If not, and you need further information, please do not rate this Answer and just send me a Reply asking for clarification. After that, I hope you will enter a positive rating so that I will be compensated for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 1 year ago.

would simply not sending the check (we always mail to him) back be an acceptance OR would he actually have to cash the check for it to be an acceptance?

 

also, if he does try to "sue" us-- will we get a chance to answer his accusations or will it all be done or could it possibly be done ex parte?

Expert:  Irwin Law replied 1 year ago.
You question tells me that you are unfamiliar with legal processes. Therefore, if the sheriff (or anyone) serves you with papers that look like a lawsuit, you should immediately contact an attorney to handle it. You have defenses and lawsuits are not done ex parte unless its by default. But you have to know what those defenses are, and how to raise them in the case. If he keeps the check it can be the same as cashing it, because the check is always good and he could take it to the bank and get his money anytime.
I hope this Answer is helpful and that you will give it a positive rating. If not, then do not enter a rating at this time and send back a Reply for more information or clarification. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Customer: replied 1 year ago.

would it be best to speak to an attorney now before anything is done or wait it out?

Expert:  Irwin Law replied 1 year ago.

Wait it out and send your payment in the usual fashion. He might cool down and forget about trying to take the property back. I see no need to spend money on a legal consultation (except for this one of course :-) ) at this point. I hope this Answer is helpful and that you will give it a positive rating. If not, then do not enter a rating at this time and send back a Reply for more information or clarification. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.

Customer: replied 1 year ago.

your statement about default made me think of something so I went and looked the contract says basically that failure to maintain property to expections [his?] is the same as failing to pay-- would that make it possible for us to be sued exparte or by default?


 

Expert:  Irwin Law replied 1 year ago.

that failure to maintain property to expections [his?} THIS CLAUSE is pretty meaningless without showing some extreme conditions of neglect. Also, you would have to be given an opportunity to correct the problem, which you have already done. The guy isn't going to be able to walk into court, show them a photo and get an eviction order against you without any notice to you and an opportunity to be heard. It doesn't work that way, and it isn't that simple, especially if you present the correct defense. I hope this Answer is helpful and that you will give it a positive rating. If not, then do not enter a rating at this time and send back a Reply for more information or clarification. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.

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Irwin Law
Irwin Law
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Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.