Occupants in Default on Terms of Contract for Deed
2. 14 day and 60 default notices have been given correctly to the occupants.
3. In accordance with terms of Contract for deed, if occupants don’t remedy the situation by June 7, 2013, the agreement becomes terminated. I understand they may have 30 days from June 7, 2013 to vacate the home (w Air Max hich would be July 7, 2013).
4. Ohio Law relative to the Landlord/Tenant relationship states that the landlord must give a written notice to leave the premises (which I have begun this process) but also states the landlord cannot force the tenant to move unless the landl Air Max ord files a court eviction lawsuit and gets a court order of eviction. Does this law still apply since this is a Contract for Deed and not just a standard tenant renting from a landlord?
5. I intend to send them another Default Notice informing them of the following:
a. They are in Default Air Max of Contract for Deed
b. All Default Notices have been given to them correctly
c. Ask them to vacate the premises by June 8, 2013, 11 am
d. I will file for eviction if they are not out by June 8, 2013, 11 am
6. The occupants may not fight me on the issue to move out which may prevent my having to get a court order for eviction
7. If occupants push back and I have to run this through court, then according to Contract for Deed, Purchaser’s Default, Articles 11 and 12. I think the court would also allow them until July 7, 2013 to move out.
8. Can this be handled as a standard eviction, or is there a difference since it was a contract for deed and payments and deposit were going toward eventual purchase of the property.
Any info or advice is appreciated! thanks
As much as it humbles me to have to agree with Bill (Just kidding, Bill) I have to agree with Bill.
He right one, you have a contract for deed and your view, or your contractual agreement that you can elect when to turn that relationship into a mere tenancy and treat it as such, may not fly probably won fly.
Bill is right again, (man, this is painful) that landlord/tenant court will smell quickly that this conflict is not for their shop, and push you down the hall to civil court.
Ok, now Bill is right again, in my opinion, in that you need to see Mr. Lawyer on this, BP is great, but the only advice you can rely on here in this matter is to go see Mr. Lawyer.
Good luck with this. But the point is, that I don do any kind of lease option or contracts for deed due to the problem you are now facing.
OMG I might be able to help here wher Bill might not know Ohio Land Contracts.
And I hope I am right, cuz I am really tired of Bill being right 99.999 pe Air Max r cent of the time. lol”Faye CoxYou have to have your land contract reviewed by an attorney. The language of the land contract controls what is considered a default and what is not.
Generally speaking, failing to pay the monthly “rent” is considered a default.
The question then is whether you can file an eviction or whether you must file a forclosure.
Ohio law provides that if a tenant of a land contract has paid for five years or put twenty percent (20%) into the equity of the home you must foreclose.
If you do not have land contract (where the owner gets an equitable interest in the property with each payment) but have lease with an option for the tenant to purchase at the end of a period of five years then you can simply evict the tenant for non payment of rent.