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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118789
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I leased my condo to someone on a two year lease option to

Customer Question

My name is ***** *****, I leased my condo to someone on a two year lease option to by. Three months in she started paying late. She kept giving me excuses I fail for them. June I wrote a letter letting her know her rent is due on the first no later then the fifth and if she continue to pay late I will have to evict her. I asked her to sign it and she refused. July on the fifth I called her about the rent she said she drop it off that night. She didn't show up. I didn't hear back until I left an eviction on her door July 8th. She said she would pay the rent on Monday the eleventh . We went to court and her lawyer asked for a jury trail. The court had to be changed because her lawyer was out of town. The next court date was September 22nd. My lawyer call me Monday 26th say he has bad news next court date not till march 2017. My problem is I'm living off my retirement it's only $1037.00. Since September I've been paying both mortgage for my and the one she is in. because the court is making her pay the money to escrow. I have a little savings but using up to keep up with this and all my other expenses. I found out she has done this many times to other people. She told her lawyer she died not want to move she has a lot of stuff.(###) ###-####***@******.***. Please advise
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The problem with the courts is they set their own schedules. You need to tell your attorney that March 2017 is unacceptable when the tenant is not paying rent and evictions are supposed to get expedited trial dates, so you need to ask your attorney to try to get a new expedited date or a court order to force her to pay a bond to cover rent to the court for you to be able to pay rent in the meantime. Your attorney does not have much control over when the court sets the dates, so all he can do is file a motion for an expedited trial date and ask the court to give a sooner date and/or ask for a bond for rent payments until trial.