Pittsfield, ME asked in Contracts and Real Estate Law for Maine

Q: Rent to own contract question

Currently I'm the buyer in an owner finance agreement and have missed my August payment. This is the only payment I have missed. I informed the sellers that I would be making a late payment, including my late fees as soon as my check from my new job comes in on the 28th. The sellers then told me that if they don't get the full payment plus late fees that they are going to start the eviction process. My house payments are due on the 5th of the month. There is a clause in our contract that says that I have 30 days from my scheduled payment date before I default on the contract and then they have to give me a 7 day notice to cure the default. My concern is that if they start the eviction process before that 30 days + 7 day notice is up aren't they violating our contract? My payday falls within that time frame. And what are my options if they do file for eviction before our contract states?

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2 Lawyer Answers
Fred Bopp III
Fred Bopp III
Answered
  • Yarmouth, ME
  • Licensed in Maine

A: Based on the facts as you have stated them, yes, if they start the eviction process before that 30 days + 7-day notice period is up, then they would be in breach of your contract.

Elliott R. Teel Esq
Elliott R. Teel Esq
Answered
  • Portland, ME
  • Licensed in Maine

A: I agree with Fred, but further, if the agreement was prepared in accordance with Maine's land installment contracts law, they can't simply evict you. I would suggest having an attorney review the agreement to clarify your rights.

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