I got screwed. I know NOW, get EVERYTHING in writing! I just bought a home. The seller lives just out of town and collects rent from the tenants. The realtor told me the seller would just give me that last months rent when we closed and it would be fine. The tenants live out their last month there and then move out and I move in. PERFECT, my lease is up at the en of February. She also was told by the seller that they had skipped December rent so it should be fine and fair for them too. We closed on a Friday. She said, just give him (seller) a call on Monday or Teusday after he's funded and he'll get with you on the rent and appraisal (He paid for the appraisal 'cept after the fact). I called him on Teusday to touch base and he asked me if I'd talked to the tenants. (This is 4 days after we closed and more than a week from the time they told us when we'd close) I was like, "Me? I dont even know the tenants!?". So he said he'd talk to them that week and tell them to pay me rent. I called the seller a few times that week to see whats up, nothing, I finally caught up to him at his home on Saturday. He said to go by the house and get my rent from them so I did. The lady is a single mom with two kids, one Jr. High the other maybe just startin' High School. She works at the Pioneer flour mill near here. The only "bread winner" of the 3. Poor. WELLL, she said She was told by him that I was going to keep renting to them. I was like, "no, my lease is up at the end of February and I needed to live in this house by then!" She also said she DID pay Decembers rent , all except for $75. She also said he had promised her a months free rent and time to save for another place and deposits and all. So she's not paying me rent cuz I guess I caught the hot potato and I am it! I'm not trying to be a total ass to this woman and her family I even drove around the neighborhood and looked for places to rent today. But, there is nooo freakin' way I'm gonna pay 2 months rent or mortgage. I can't, can't. I'm already out this months rent and I was gonna really, really need for repairs. (My first housenote is March1st) I'm so pissed off at the f*cking irresponsible not giving a **** seller! I'm pissed off at the realtor for advising me so (she represented both sides so youd think she'd watch out for both sides) Oh yeah I am sooo pissed off at myself cuz I should always get everything in writing. Young dudes, let me tell you, get everything in writing. Dont be a dumbass like me. Get everything in writing. So now, I am in the process of officially getting her evicted from my home. Went to the constables office today and will pay the $25bucks for a constable to give them 30 days as of tomorrow. $25 fee But of course if they still dont move, we can go to a 2nd phase of it and it goes to court and the judge issues a final judgement. Then they have until the end of his said time, a week or whatever....$55 court fee. Then they have 5 MORE days after that freakin' date! Then, I must pay for a forced removal or something of the other and they go and remove the people literally. $175 This entire process takes up to 2 months. I'm just upset at everyone around this thing including myself. Just venting. Thanks for reading...or not. hehe!
Make sure the Constable actually goes by to serve the eviction notice. I know the Dallas County guys are hit and miss on actually doing that (though they will collect the money either way). I remember having to evict a family from one of our duplexes in DeSoto. What a pain. It took forever, and the County was essentially no help. And when we finally got them out, they had done a significant amount of damage to the duplex while the eviction proceedings were ongoing.
WELLL, she said She was told by him that I was going to keep renting to them. I was like, "no, my lease is up at the end of February and I needed to live in this house by then!" She also said she DID pay Decembers rent , all except for $75. She also said he had promised her a months free rent and time to save for another place and deposits and all. Sounds like she and he may be lying to you.......She told you two different stories. This sucks.....Its your investment, you have to do what you have to do. Good Luck with the eviction.
I think your mistake was you worked the deal through a real estate agent who represented both the buyer and seller. That's one of the top things people buying homes are told to stay away from cause its a conflict of interest. Sorry to hear about your problems. I hope you get what's coming to you....whatever that is?
Don't watch that Michael Keaton movie about eviction. What a nightmare. I learned my lesson watching that movie.
I feel for you but I can't help being reminded of House of Sand and Fog. I'm guessin the mom doesn't look like Jennifer Connely though.
The realtor may be liable to you for triple damages under the deceptive trade practices act. He may well have made himself/herself liable. Even if he has no money, the state of Texas maintains a recovery fund for realtor abuses. That was really dumb, negligent or fraudulent. Get a good lawyer, with a real estate specialty. He can also help you with the eviction. Good legal advice is well worth the price you pay in these matters. If there's a recovery, you certainly don't pay very much. I'm a realtor, and hate to hear this kind of junk, esp. when we all have to take the ethics classes.
I have two rent houses and have gone through the eviction process with a few of my tenents. Neither time did come to the point of haveing the forceably removed. However, they both kicked holes in my walls and one of the stopped up both toilets. I ofcourse kept there deposits and even took one of them back to court for damages (they didn't show up so I got a default judgement that shows on their credit report untill they pay). My point is you might want to atleast try and work things out with the lady on good terms before you go the legal route. Being that you have no deposit to fall back on for repairs you might want to save yourself the worry of them doing even more damage. Pasox2 gave you some real good advice! Get the advice of a real-estate attorney! I'm not sure on how contracts/leases transfer over with the sell of a home but you may very well have a lease with her. Again you agent or the owner should have made you aware of stuff like that so I would really seek out a lawyer! They will usually talk to you for free and you'll get a good idea of what the laws are and what your options are.
Thanks for your advice guys, I'm a bit calmer today.. I did speak with the lady and there was no drama except for the fact that she can't pay me a months rent if she is to save for another place to live in. I just can't chance it that in a month she'll have the same excuse and still be there, thus when I finally do go through the eviction process, I'll be that much more behind in time. I'm going to the constables office today at lunch and go through with the legal stuff. As I said, my lease ends at the end of February so I gotta get a move on. Oh yeah and I will look up the advice for a Real Estate attorney today as well. Thanks very much for your words and advice guys. oh and NO, adeelsiddiqui, the woman tenant is NOT a milf!
Here is one approach that I have heard used successfully. Tell her that you talked to your lawyer. You have the authority to give her $500, but only if she is out of the house with in 5 days. It can save you some dollars both in lawyer fees and future repairs due to angry tenants. Good luck.
