How AI Legalese Decoder Can Simplify the Process of Evicting a Previous Owner’s Son
- May 8, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Situation Overview
I recently purchased a trailer home and signed a lease with the trailer court owner to move in on May 3rd. However, a complication has arisen as the previous owner’s son is refusing to vacate the premises. He claims to be an established resident, having lived there for over 30 days, and is threatening to tear out everything he put in or repaired if I pursue eviction through the court system.
### Extended Situation Overview
This unexpected situation has caused significant distress and uncertainty regarding my ability to take possession of the trailer home. Despite having a legally binding lease agreement, the previous owner’s son’s refusal to leave has created a challenging dilemma. His threats to dismantle or destroy property within the trailer add another layer of complexity to an already stressful situation.
### How AI Legalese Decoder can Help
In this complex legal scenario, utilizing an AI Legalese Decoder can provide valuable assistance in understanding and navigating the intricacies of the landlord-tenant laws and eviction procedures. By inputting relevant legal documents and agreements into the decoder, it can break down complex legal jargon, helping me better comprehend my rights and obligations as a tenant in this situation. Additionally, the decoder can offer insights and recommendations on potential courses of action to resolve the dispute and protect my interests effectively. Having access to such a useful tool can empower me with the knowledge and guidance needed to address the current challenges and pursue a resolution in a legally informed manner.
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****** just grabbed a
He’s a legal tenant. You file for an eviction. If he removes things that are generally considered to be fixtures and fittings then you sue him for replacements.
It’s not complicated even is it is unpleasant.
Read your sale contract. There’s probably language in there about the consequences of failing to turn over the property. This can make it easier to make this the seller’s problem, or make them pay for cost of eviction and damages. You might also contact the title company about this.
I’d reach out to the real estate agent and lawyer who oversaw the closing.
Once you have possession, give him legal notice that you are doing a walk through and record everything. This way if he files through with his threat to remove/destroy things you have a record of the prior state of things.
It is important to note u/LadyBean91 that whether the son actually fixed or added any additional fixtures to the trailer home, then the son needs to contest the value of those improvements or fixtures with the father. The fixtures and improvements were conveyed with the trailer home, unless otherwise specified in the contract.
As stated by u/AxisWolfStar, you need to document all of the alleged improvements and fixtures and sue the father for anything that is missing or destroyed and the son needs to recoup his labor and additions from his father, in the ideal legal world.
This heavily depends on your state. Every state treats this situation differently. What state? Also, if the answer is that you need to evict, you need to start the process ASAP. If he goes and files for bankruptcy during this time, he can get an automatic stay against evictions, and the only way around it is to petition the bankruptcy court for a relief from the stay, which can take months.
Getting the tenant out requires you either convincing him to leave voluntarily (e.g. cash for keys) or with a court order (eviction/ejectment). Don’t do a ‘self-help eviction’; it’ll cost you.
You can speak to a lawyer about whether you have recourse against the seller, either to unwind the sale or to receive damages. If you’re hoping to unwind the sale, start calling tomorrow. While a trailer isn’t actually real estate the issue is close enough that a real estate lawyer may still be your best bet.
I know hindsight and all that, but you should have made sure the tenant was gone on your final walk-through before signing the papers. Never leave a tenant that you want out when you buy! You make them the previous owners responsibility. Or you don’t buy.
Just going to have to evict him and then go after him for damages. I don’t know if there’s anything you can do because he’s related to the seller, but this guy is basically saying to you if I’m not allowed to live here free for as long as I want I’m destroying the place so you can’t live here either.
Do you have that in writing? That he said all that? That might be useful for the judge
be nice, he will tear the place to shit!!! my wife’s parents passed and her older sister let her friends move into their family house, well we decided to sell and her friends were NOT happy bc it was CHEAP rent and now they need to move, they took the WHOLE AC unit inside, and out! all appliances, ripped 1/3 of copper out of the house, (they had no idea we were selling to knock down (they helped us with trash tbh) but you need all your appliances so I hope he does not go CRAZY (if he does you can sue but he prob has NO money)
Try cash for keys, where he volunterily leaves because you pay him to do so. Less trouble, probably cheaper.
I am probably repeating a question already asked, why did you not view the trailer before you signed off on it?
Sounds like the seller failed to disclose a material fact. Have your realtor/closing attorney contact him and state that and that he needs together his kid out before you pursue your legal remedies against him as seller
What state are you in
If he is a legal tenant, with no lease, can you set a rent for the 30 day notice period? Ie instead of buying him out make it more expensive for him to stay? Just wondering.
Did you not do a final walk through before closing? That 100% should have happened.
Have an attorney send them a letter explaining that unless they turn the home over to you in the condition in which you bought it, you will be suing them for return of payment, any lot rent you paid, and all legal fees. Also, let the park manager know what’s going on, because he more than likely is an unauthorized tenant on their land, and they can also start an eviction process to get him out.
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In Missouri for example trailers have vehicle titles and the transaction is more akin to buying a car than a house. Some states are different. OP needs a lawyer, but OP needs to know what you are hoping to accomplish. Unwinding the transaction is likely the best outcome.
Pay him to leave. Sucks but may be quickest way.
Wait for him to leave then change the locks and occupy the home. That establishes residence.
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Obviously check the laws (and you sales contract etc) but could you…
-Move in while you fight to get him out
-Wait till he leaves in day and change the locks
Why did you pay the money without the place being empty?
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He’s a squatter…..rule if 3 S’s. Simple.
How is this legal? Why is there no legal consequence for selling someone a house/trailor that is already occupied without telling them?? Anyone can buy a property without consenting to someone permanently living there? The law has actually lost its mind. There should be no protection or formal process for any person to continue living at a residence that you had no say in them staying or not, and if that were the case there should be a law against someone selling property without notifying the buyer someone already lives there legally(technically making it someone else’s property). Has the world gone mad?