Real Estate Law
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As far as the verbal agreement no. But the lease they say they have says they are to pay $750.00 a month. They have destroyed the carpet in every room and even removed the carpet in the dining room without my knowledge.
If you never signed the lease that is not a valid lease. What was your agreement?
That they could live there as long as the utilities were paid by them and on time and until my divorce was settled. They said that if the house was awarded to me in my divorce which it has they would buy the house from me. Now they are saying they can't afford the house. I want to sell it and can't while they are there and causing further damage to the house.
The first step is providing the notice to quit. You would provide them with 3 day notice for failure to pay rent and a 3o day notice for violation of a lease term.
This links provides a free notice to quit
You can provide the notice in the following manner;
1. Send the notice certified mail return receipt requested
2. Personally deliver the notice to someone over the age of 13 living in the house.
If they do not vacate you would need to file an eviction action with the court. A summons will be delivered to the tenants and they will receive a hearing date. The Judge would then order the eviction.
Do you think they will vacate per your notice or will you need to obtain a court order?
I am allmost certain they will want a court order
This link outlines the steps
I went to Rocket Lawyer and the form is not free.
The notice information did not edit properly, for non payment of rent you can provide anywhere from Three (3) to Thirty (30) days.
Rocket lawyer is part of this site and it is supposed to be free. Let me provide a few more links.
3 Day Pay or Quit Notice
Date (dd/mm/yyyy): _______________ Tenant's Name: _________________________ Address of Rental Unit: ____________________________________________________________ This notice is to inform you that the rent payments are overdue for the above premises which you currently hold and occupy. The total amount of payable rent is $ __________. Your rent payments for the following time periods are due and payable immediately: Rental Period ______________________________ Rent Amount $ __________ You are hereby required to pay the rent owing in FULL within 3 THREE days. No partial payment of rent will be accepted. If you fail to do so, legal proceedings will be instituted against you to recover the premises, the rent owing and any relevant damages as allowed by the law.
_____________________ Date ______________________________