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We have purchased a house and have allowed the previous owners

to rent back from us...
We have purchased a house and have allowed the previous owners to rent back from us till the house they are building is complete. This was suppose to be the end of September. The process is dragging on and they will not give us a firm date. What process do I take to evict them.
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Answered in 8 minutes by:
11/1/2010
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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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

_______________________________________________________________________________

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Customer reply replied 7 years ago
Yes they are paying rent on time. The rental agreement is just a statement that they can rent back from us till their house is complete. There is no time frame on the agreement. They just led us to believe they would be out by now.

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.

________________________________________________________________

 

 

BONUS is always appreciated

That is the only way I get paid

_______________________________________________________________________________

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

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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,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

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Andrea, Esq.
Andrea, Esq.
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