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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42824
Experience:  Texas Attorney for 30 years dealing in real estate
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We leased a home to a couple with the option to purhase. The

Customer Question

We leased a home to a couple with the option to purhase. The contract clearly says they are responcible for all maintenace and the property is as-is. They are also to give us 30 days written notice of notice to proceed to purchase. They decided to stop paying rent because they wanted us to fix a leak and we said we would not and now they claim to have mold. So we went to evict them and their lawyer filed a motion for foreclosure. Not sure how to foreclose on someone when we own the home and it's still a lease. Not sure what to do at this point.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

Sorry you are having to deal with this.You are going to need a lawyer here to pursue eviction.This sounds like giberish here that the lawyer filed and its a try to delay, stall and buy time.I would have the lawyer seek a hearing on the forcible entry and detainer suit and keep after them.

I think the other side is trying to claim there was an actual sale and a foreclosure here is the next step before a forcible entry and detainer can be bought.So you need a lawyer here to argue otherwise and pursue this.If the court says you have to foreclose then he can proceed with that too.Lease to own here is complicated because it can be viewed as a sale rather than just a lease.The court here decides that issue.

I appreciate the chance to help you tonight.Thanks again and the best.