Eviction of Non-Leased Tenant - Posted by Robert Tchop

Real Estate Investing Real Estate Law
1

Posted by Natalie-VA on March 08, 2005 at 07:38:56:

I don’t know that you will be able to evict her without your brother’s cooperation. That’s a tough one.

Another thing is that she may not allow you to show the property to prospective buyers, so you really need to get her out of there.

The lawsuit to force the sale may be the way to go. Let us know how this plays out.

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Eviction of Non-Leased Tenant - Posted by Robert Tchop

Posted by Robert Tchop on March 06, 2005 at 23:47:34:

Question:

I recently received 1/2 interest in a property. The other owner is my brother. In preparation for his daughter purchasing the property from us, she signed a short term lease. This was to keep us from force sale selling of the property.
We received 3 months rent only find out she never moved in. Her sister did. The non-leased sister now refuses to pay rent, and has done damage to the property.
The Damage has been covered by insurance.
Lease expires April 1st. The other joint owner (my brother) is now stating that this person (his daughter) can not be evicted from the property because she is staying to protect his half of interest in the property.
Can we evict?
Or
What other legal options do we have?

3

Re: Eviction of Non-Leased Tenant - Posted by Natalie-VA

Posted by Natalie-VA on March 07, 2005 at 16:07:01:

I am not an attorney and it sounds like you need one.

Does your brother still want to sell the property?
Does the other daughter still want to buy it?

If so, what’s the holdup? Give them x amount of time to get it done or get an attorney to help you.

If your brother is not cooperating with the sale, it sounds like you may need to hire an attorney. He can file a lawsuit to force the sale of the property.

This may be your best bet here.

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Re: Eviction of Non-Leased Tenant - Posted by Bob Tchop

Posted by Bob Tchop on March 07, 2005 at 17:27:07:

  1. The brother still want to sell as is, but we will lose close to $15,000 if we do not do some repairs before the sale.

  2. The daughter has no way of coming up with the financing.

I am looking to see what are the legal possibilities to evict the remaining non leased sister in order to get the repairs completed before the sale of the property (and the property dimininishes in value any more)…