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Tenant just moved in to our option to purchase home and has…

Customer Question
tenant just moved in to...
tenant just moved in to our option to purchase home and has only paid $1500 out of $2000 of rent. He keeps on telling me that it is coming. He has found some maintenance issues in the house. I told him that I will not fix anything until rent is paid. What is he trying to do?
Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 15 minutes by:
11/10/2017
Lawyer: barristerinky, Attorney replied 8 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,574
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Is the tenant exercising the option to purchase or are they still just renting the property and just have the option available?

.

Have you given them any written notice to pay rent or vacate?

.

.

thanks

Barrister

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Customer reply replied 8 months ago
he has already signed an option to purchase as we did not want to rent, but only option to purchase. I have not given a notice. In the contract if he does not pay, he would be in default, and will be out and will also owe me 60 days of rent and $7000 deposit. I don't what he is trying to do. He says there are money problems but I am concerned he is playing a game and wants to get out.
Customer reply replied 8 months ago
we have just been texting each other. I have told him there was be late fees.
Customer reply replied 8 months ago
was=will
Lawyer: barristerinky, Attorney replied 8 months ago

Ok, then you need to start out with a written 3 day notice to pay rent or vacate and see if that gets him to pay the rest of the rent... Or if your contract states some other notice period, like 30 days, then you have to give him that much notice.

.

But to be honest, him signing the option to purchase instead of just renting isn't really going to encourage him to pay if he is going to default.. It just makes it tougher on you because if you are selling the property, if he defaults, you may end up having to actually foreclose like a bank if he defaults..

.

So a lease with option to purchase at the end is always a better option if you are determined to do something like this.

.

.

thanks

Barrister

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Customer reply replied 8 months ago
Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or
term by which Tenant is bound. Subject to any governing provision of law to the contrary, if Tenant
fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after
written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such
default and the cost of such action shall be added to Tenant's financial obligations under this
Lease. Furthermore, Tenant will be responsible for a fee equal to $4,000.00 or the maximum
allowable by law, whichever is less. Upon the assessment of the $4,000 fee for failure to cure, the
lease shall be deemed terminated and Tenant shall vacate the Property within thirty (30) days.
Tenant confirms his understanding that $4,000 is reasonable fee in light of Owner's need to find
another Tenant and because of other incurred expenses following early termination. In the event
such fee is impermissible by law, tenant agrees to reimburse owner in the maximum amount
permitted by law up to $4,000.
Lawyer: barristerinky, Attorney replied 8 months ago

Ok, then you have to give a 5 day written notice to pay rent or he will be in default...

.

And if everything goes south and you have to foreclose and evict, you have agreed that he will be liable for all legal costs in addition to $4K in liquidated damages.

.

.

thanks

Barrister

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Customer reply replied 8 months ago
Actually: "the cost of such action shall be added to Tenant's financial obligations under this
Lease." This will include also the downpayment of $7000 (that he is scheduled to pay in May). Could you provide me a letter template?
Thanks
Lawyer: barristerinky, Attorney replied 8 months ago

Unfortunately I can't provide legal documents to customers as that would imply an attorney client relationship and I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer.

.

So you would need a local attorney to represent you in drafting any legal notices to the tenant/buyer.

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Customer reply replied 8 months ago
not an actual letter just some legal statements
Lawyer: barristerinky, Attorney replied 8 months ago

I am unable to assist further so I will opt out and open the question to other experts..

.

.

thanks

Barrister

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