This home is in Tennessee. Sellers have turned off power 5 days before closing. Our contract states that home is to be in same condition as the date of the bonding sales contract for the walk through. I assumed that meant utilities.
That would depend upon how the contract reads, but common sense would tell you that a purchaser should have required it as a condition of signed the contract.
The seller would not do all the repairs listed on the home inspection so we agreed to do the repairs she did not want to do. we signed the agreement, in good faith now she will not sign it.
So.... It appears that you made a new agreement to perform repairs yourself. That is, no breach of contract apparently. And it is doubtful you would collect anyway. You made a mistake modifying the Contract yourself, and possibly should have walked. Always have an attorney in any real... Read more »
She got it fixed and texted me she would just deduct from rent. I know this isn’t legal but what is Landlords recourse? Can I withhold deposit for the repairs? It was a matter of a few hours, not even 24hrs to remedy on my pair.
If she doesn't pay the correct amount of rent- that is a breach of the lease. She can only withhold rent in very limited circumstances, and as you say, it does not appear that she gave you enough advance notice or time to perform any repairs ( this assumes you are located in an area covered by the... Read more »
foreclosure, because they owe $27,000. As the property owner what are my options?
If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the... Read more »
They cited improper wiping, but I know I did not expose the area to water beyond normal use. I strongly suspect the problem is due to the laminate countertop not being properly installed and/or sealed where the countertop meets the backsplash piece. What recourse do I have?
If you refuse to pay, the landlord is likely to try to evict you. Ultimately, you could go to court and let a Judge decide what caused the damage.
If they evict you, the landlord will try to withhold your security deposit.
I would not agree to pay for damages I did not cause, but... Read more »
The house is to be short term leased from the current owner during the renovation, so the person I am loaning to won't own the property until the day before it is re-sold.
NO- if I were you, I would not loan money on real estate without a lien on that real estate. If the deal goes bad, you want to be able to force a sale of the property to get your money back. The current owner will need to sign the note and a deed of trust/mortgage.
Transfer of title is by deed usually. Without a deed the buyer only has an equitable conversion, which is enforced by specific performance of the contract. Buyer may also need to file a detainer warrant after title has been obtained or declared by a Court.
Read your contract verbatim. It may have a liquidated damages clause. Otherwise the buyer can sue for Specific Performance of the Contract. Alot of times the seller owes a commission to the agent, and there may be an earnest money fund up for grabs. But the buyer had better performed a title... Read more »
My land when he said he would not dig up my land and if did would let me know,. He took the chain link fence down 30' that's been up for years without my permission, to bring in bulldozer/grader.for building a drench. he could of taken down his fence since he owns the property . I asked him in... Read more »
You have a Boundary Line Dispute, and actions for Trespass and possible Tort Damages. You probably need a competent attorney to perform title searches on both properties, and may need a boundary line survey. All of this is expensive, and you will probably recover very little but defend your... Read more »
Roommate hasn’t been removed from the lease. If found not guilty, he will be living with me again on the 24th. My landlord will not let me give my 60 day notice without my assaulting roommate’s signature. He has a huge drinking problem. My roommate was arrested and tazed by the police.
Consider seeking an order of protection. That could prevent the roommate from coming back to the house. Consult local counsel for your best option.
Constitute a lien on the real estate until released by the seller means?
I would have to examine the instruments to really know. But it sounds like it is just sale contract terms which incorporate the note and deed of trust terms (obligations), which of course exist after the closing (final execution) of the sale contract. Apparently this is an owner financed land... Read more »
She fluttered part of the house damaged walls ceiling and doors. Good luck at state so I couldn’t feel her I think the collection agency after her and she refuses to pay. What are my options to get the money she owes over six grand? Can I sue her and Tennessee myself or should I let the credit... Read more »
You might file a Sessions suit for the Lease Breach by not paying, if you know how to serve her. If you get a Tennessee Judgment for the Rent owing, you can file it as a Judgment Lien in whatever County in Maine she lives in. I do not know how many years the Lien will be good for, but this may... Read more »
She floored part of the house damaged walls ceiling and doors. Then left the state so I couldn’t sue her. I hire a collection agency to finder her. She is refuses to pay. What are my options to get the money she owes over six grand? Can I sue her in Tennessee myself what are the rule there or... Read more »
What does the lease say about damages or venue? Your question is also confusing - did she lease property in Tennessee and move to Maine, or the other way? Typically, you sue the person where they leased the property but you will need to serve her with the lawsuit where she lives now. Here in... Read more »
I changed the locks but they got into the house anyway. How do I get them out? Since they were never tenants and have never paid rent, do they have legal standing? I want to sell the house.
File a Detainer Warrant today. It must be served or posted. You or your property manager must go to Court and ask for possession. If they are not out in ten days, you must get a Writ of Possession and get it executed.
ALL the owners must sign if the contract is to be binding. However, any single owner can force a sale through partition.
Of my credit. If my husband was to pass away or anything happened to him would the house be passed to me as I did have to sign?
You must double-check the DEED ( not the same document as the "mortgage" or "deed of trust"- both relate only to the loan). If your name is on the deed along with your husbands', you are a co-owner with him and upon death, it would pass immediately to you. If your name in not on the deed, he can... Read more »
I do not have a clause addressing extended guests in my rental agreement.
If he's not on the lease then you could serve him with proper notice to vacate the property and file a detainer action. Also, consider updating your lease.
Although the lease stipulated that the renter (me) would pay for the electric utilities, at no time during the course of the lease (nor the five or so months following its end when I resided on the premises as a month-to-month (leaseless) tenenat) did the landlord broach the subject of the... Read more »
Review the terms of your lease. That may contain the answer. Security deposits can be used for unpaid utilities subject to compliance with the lease and/or the Landlord Tenant Act.
One family member plans to place her assets
in an irrevocable trust.
How will this impact the sale of the farm
and the distribution of the income from this sale?
Not sure what your question is about. But sister's Trust Corpus will be legally owned by a Trustee, who will at least own, pay taxes, receive income, and possibly manage her former assets which she conveys into the Trust. It sounds like you plan a Sale already. The sister's tax consequences... Read more »
I live in Nashville TN. My landlord may be in prison for tax evasion but I'm unsure. I haven't been able to get in contact with anyone about the estate and I don't believe the landlord granted power of attorney to anyone. I've been living on and maintaining this property for 4-4 1/2 years. The... Read more »
Paying the Taxes for 20 consecutive years can get you a presumptive Title. Then possibly file a Quiet Title Action against any possible Heirs. Seven Years Adverse Possession is only a Defense to someone running you out in your case.
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