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What if you were a previous tenant with a judgement against you ordered to pay old rent, then the property was sold while making payment & you were told by management company to send payments to new owner. New owner relieves you of old debt, fast forward 4 years, judgement not removed, old owner gets involved stating that old debt belongs to them & wants some kind of payment to satisfy judgement. Sale of the debt to new owner is grey area in sales agreement although new owner believed debt was purchased, but old tenant company was not directly named in the sales agreement. However, sales agreement states ALL rental income goes to new owner(grey area). been trying to rectify this situation since February, old owner just got involved two weeks ago.
My tenant's lease agreement expires in 8 months from now. He stopped paying rent 4 months ago so I started eviction process (Unlawful Detainer). Before getting judgement, he filed for bankruptcy, so I am filing a motion in the bankruptcy court court for relief from stay and then continue the Unlawful Detainer. The eviction process has become too cumbersome and costly (already spent $3,600 in attorney fees), so I am thinking of selling the house. If I do, does this force the tenant to move out or the new buyer has to continue with the eviction process?
My tenant's lease agreement expires in 8 months from now. He stopped paying rent 4 months ago so I started eviction process (Unlawful Detainer). Before getting judgement, he filed for bankruptcy, so I am filing a motion in the bankruptcy court court for relief from stay and then continue the Unlawful Detainer. The eviction process has become too cumbersome and costly (already spent $3,600 in attorney fees), so I am thinking of selling the house. If I do, does this force the tenant to move out or the new buyer has to continue with the eviction process?
If I were the buyer I would stipulate in the contract that the tenant had to be out and the unit empty before closing.
In your State, the lease survives the sale so the new owner will inherit your problem. In most cases, few buyers will accept such a deal and almost all will demand the unit be vacant on closing.
Hi! I was evicted in 2014. I tried to set up payment arrangements last year but the new property owners don’t have any tenant records during that time. The receptionist said that she would look up more info and give me a call or respond via email but she never did. I applied for an apartment and got denied because of this. What should I do? I want to try and make payment arrangements and settle this but no way to do it if they have no records. Should I get a lawyer??
Hi! I was evicted in 2014. I tried to set up payment arrangements last year but the new property owners don’t have any tenant records during that time. The receptionist said that she would look up more info and give me a call or respond via email but she never did. I applied for an apartment and got denied because of this. What should I do? I want to try and make payment arrangements and settle this but no way to do it if they have no records. Should I get a lawyer??
If the company you owe money to is no longer in business then you can’t pay off your debt (unless a collection agency bought your debt). Doesn’t mean you don’t owe it, mind you. I’m assuming in addition to the eviction, you also have a judgment.
Even if you were able to pay it off; the eviction, not the debt, is why they’re denying you.
Hi! I was evicted in 2014. I tried to set up payment arrangements last year but the new property owners don’t have any tenant records during that time. The receptionist said that she would look up more info and give me a call or respond via email but she never did. I applied for an apartment and got denied because of this. What should I do? I want to try and make payment arrangements and settle this but no way to do it if they have no records. Should I get a lawyer??
You have an eviction on your record, it won't come off if you pay for it.
Hi! I was evicted in 2014. I tried to set up payment arrangements last year but the new property owners don’t have any tenant records during that time. The receptionist said that she would look up more info and give me a call or respond via email but she never did. I applied for an apartment and got denied because of this. What should I do? I want to try and make payment arrangements and settle this but no way to do it if they have no records. Should I get a lawyer??
Petition the Courts for an expungement.
Quote:
Originally Posted by CrabbyAppleton205
If I were the buyer I would stipulate in the contract that the tenant had to be out and the unit empty before closing.
Good luck with that. The purchase price probably reflects the non-paying tenants.
When you purchased a building, you do not necessarily get the past due rents as a receivable. They are actually owed to the previous LL, not you. The act of buying property doesn't transfer the rights of the previous LL receivables. You can buy them for $1 if you want. Or have them included in the purchase.
If you purchase a business, you do get their receivables, maybe. You can stipulate the past receivables come with the business.
The due diligence of the purchaser should include reviewing leases, rent rolls, and collections.
You have an eviction on your record, it won't come off if you pay for it.
Some landlords won't take evictions. I know a couple of them that will if it was a couple of years past and all accounts are settled and no money is owed to any landlord.
So, it is worth getting it paid off. That at least opens up the possibility that a few landlords will accept it. Not many, but a few is much better than none.
If you look at county tax records, there should be a history of the property that shows ownership changes. Look up who owned the property while you lived there and contact them directly.
If that information isn't online, you can walk into the assessor's office and get it.
You should have some eviction paperwork. You can also contact the lawyer who handled the eviction. If you've lost it, the county where the eviction took place will have case files that give the name of the lawyer.
Don't pay until you get it in writing that they will report that it has been paid off and get a receipt that you are careful to not lose.
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