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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116707
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can I have tenants evicted from my home whom I don't have a

Customer Question

Can I have tenants evicted from my home whom I don't have a contract with.the tenants have a contract with my ex wife to which they ( tenants ) were to lease to purchase the property,at the end of the term the tenants couldn't get financing and stop paying ex wife file eviction notice and they went to court at an magistrate office who said he could not rule on the contract dispute.two questions why didn't the judge order the tenant to pay rent until the dispute is settle ,the tenant have been living rent free for a yr now and can I have the tenants evicted because They don't have a contract with me.the mortgage is in my name but the deed is in both our names the ex wife and I
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 8 months 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.
No, if they have a valid lease contract or lease to purchase contract, you cannot evict them. If you have an issue with this contract it is between you and your spouse, since either joint tenant is not supposed to enter into any agreement without consent of the other and while she may be able to rent it without your signature, she certainly cannot sell it without your signature.
You have to actually sue her for the damages she has caused you, not the tenants. So you are going to have to file a civil suit against her for damages for infringing on your ownership rights to the property and payment from her to reimburse you for mortgage payments that are made.
Your other option is do nothing and pay nothing and let the bank repossess the property through foreclosure and then the tenant would have to sue her since they have no contract with you.
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