Anderson, IN asked in Contracts and Federal Crimes for Indiana

Q: I am selling a house on contract the buyer is posing as owner of house and has for sale on line

besides breaching contract already by being late on payment a few months can I bring charges against and have them evicted

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick

A: Reading between the lines, it sounds to me like you are selling the house to someone who is renting it from you; is that right? If so, unless the written buy/sell agreement or the written lease prohibit the buyer/renter from doing what he apparently is doing (getting a jump on the situation by acting as a middleman to make some money while never even owning the house).

Therefore, I see two different issues here: (1) Can you do anything to prevent the tenant from pretending he owns the house? Answer: No. (2) Can you enforce the lease and possibly evict him for chronic late rent payments? Answer: Yes.

CAVEAT: Even if you do try to evict the tenant, since he is still under contract to purchase the house from you, any eviction effort may violate the existing buy/sell contractual situation--i.e., your contract may require you to sell him the house even without renting it along the way. .

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