Phoenix, AZ asked in Real Estate Law for Idaho

Q: Should I go forward in filing a foreclosure? I have a rent to own agreement with a women who has never moved in.

Her Son and daughter in law occupy the residents and have destroyed property and payments are over 10,000 past due.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Typically in a "rent-to-own" situation, there isn't a "mortgage" or other debt-guarantee instrument. A home owner generally enters into a "contract" whereby the "renter," makes a certain number of "rent to own" payments or a certain, predetermined amount to equate to the "down payment," and then the owner agrees to sell the property and keeps the payments as the down payment. So, with no "mortgage" that you have to foreclose on, all your son and daughter-in-law are legally are "hold-over" tenants. As a hold-over tenant, the landlord needs to give them a written 3-day eviction letter, telling them that within three (3) days they must vacate or will be vacated-upon, as soon as the judge signs the paperwork. Good luck to you!

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