Posted by Chi Ming on November 09, 2009 at 22:52:48:
I think the JP is wrong. I would just start the eviction process as a tenant always has the obligation to pay the rent.
New buyers right to collect rent? - Posted by Chris TX
Posted by Chris TX on November 05, 2009 at 17:09:23:
I purchased a home at foreclosure that has a tenant in it. Under the new Obama, Protecting Tenants from Foreclosure Law, I have to give the dude 90 days before I can evict him. I understand I am the successor in interest of his current lease which is month to month,and want to know if I have the right to collect rent according to his lease and If I can evict him for non payment or any other breach of the lease, before the 90 days is up? The JP told me no I couldnt evict for non payment, but I am not sure he is correct and want to appeal his decision. Please let me know if he is all wet because I want the property I bought and paid for!
Re: New buyers right to collect rent? - Posted by Natalie-VA
Posted by Natalie-VA on November 08, 2009 at 18:59:48:
Of course you can evict for non-payment. Not only does he have to pay rent, he has to pay market rent. I am not a lawyer, but to my understanding, this law has nothing to do with allowing tenants to live free.
–Natalie
Re: New buyers right to collect rent? - Posted by Ken
Posted by Ken on November 07, 2009 at 15:32:07:
I am not sure what is legal but I would proceed with the eviction as if I did not know any better.Tenant may not show up or know enough to say the right thing.Also if the tenant shows up make a deal with them to keep it out of the judges hands.He will pay half this friday the rest next week,something like that,then when you stand in front of the judge you explain the deal.The tenant always seems to think you have to start over if they do not pay but in my area I just file the papers the first time they mis a payment and the judge signs it effectively keeping the judge from making a decision I do not like,in my area of upstate NY the judges routinely give the tenants a month to find a place if you do not know how to get around it
Re: New buyers right to collect rent? - Posted by ChrisTX
Posted by ChrisTX on November 09, 2009 at 15:59:32:
Under normal circumstances I know I could evict. The question arises because the new Fed Law says I have to give 90 day notice before I can evict. I have given the 90 day notice but need to know what I can or cant do if this dude doesnt send me his Nov rent
(which todate has not). The JP told me I could not evict before 90 days, even for non payment. I think he is incorrect and would like to prove him wrong. If so, in TX I only have to give him a 3 day notice to vacate before I file for Forcible detainer.