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I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by DSgrouse:
quote:
Originally posted by Timdogg6:
I'm a real estate lawyer which you can love or hate, but I'll give it to you straight.

Sorry, sell the house. Rates are going to go up, values are going to go down and you will lose money fucking with these people who will stop paying at the end of next year because they know you will sell then. So they will slow drag their feet and late pay and all the bullshit that will cost you 90 days of rent next year roughly $9,000, plus you'll have to get a lawyer to get them out because they are long distance, so that is another $2500, and then you run market risk of decrease in value, say another $20,000-30,000.

So low side your going to lose $10,000 high side it's $40,000. Put that back into the budget calculator and let me know how you make out.

So really the choice is screw their family or yours.

If you can't get them to sign a lease, how do you intend to get them out?? Bite the bullet and get these people out now.


We have been talking about this all morning. They responded at exactly 12 am last night with more passive agressive bullshit.


Interpreting your characterization of their response as a counteroffer, a counteroffer is a rejection of your offer. You can accept that counteroffer, or not. I guess from how you characterize it, you will not.

I'm not a lawyer anymore, but I was for 40 years, and involved in every aspect of real estate, buyer, seller, landlord, tenant, builder, lender, developer, title insurer, foreclosure trustee, etc.

It's time to move on. Even that is not likely to be smooth or easy, or cheap, but none of the alternatives will be either.

One of the most important factors in these transactions is accurately assessing the people you are dealing with. In this respect, all men are not created equal. Some are responsible, honest, careful, others are not. Some are grifters, tar babies who dirty everyone they touch.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by JALLEN:
quote:
Originally posted by DSgrouse:
quote:
Originally posted by Timdogg6:
I'm a real estate lawyer which you can love or hate, but I'll give it to you straight.

Sorry, sell the house. Rates are going to go up, values are going to go down and you will lose money fucking with these people who will stop paying at the end of next year because they know you will sell then. So they will slow drag their feet and late pay and all the bullshit that will cost you 90 days of rent next year roughly $9,000, plus you'll have to get a lawyer to get them out because they are long distance, so that is another $2500, and then you run market risk of decrease in value, say another $20,000-30,000.

So low side your going to lose $10,000 high side it's $40,000. Put that back into the budget calculator and let me know how you make out.

So really the choice is screw their family or yours.

If you can't get them to sign a lease, how do you intend to get them out?? Bite the bullet and get these people out now.


We have been talking about this all morning. They responded at exactly 12 am last night with more passive agressive bullshit.


Interpreting your characterization of their response as a counteroffer, a counteroffer is a rejection of your offer. You can accept that counteroffer, or not. I guess from how you characterize it, you will not.

I'm not a lawyer anymore, but I was for 40 years, and involved in every aspect of real estate, buyer, seller, landlord, tenant, builder, lender, developer, title insurer, foreclosure trustee, etc.

It's time to move on. Even that is not likely to be smooth or easy, or cheap, but none of the alternatives will be either.

One of the most important factors in these transactions is accurately assessing the people you are dealing with. In this respect, all men are not created equal. Some are responsible, honest, careful, others are not. Some are grifters, tar babies who dirty everyone they touch.


I was dearly hoping you would stop in and give your characteristically great advice. Thank you.
 
Posts: 6633 | Location: Virginia | Registered: December 23, 2010Reply With QuoteReport This Post
Professor Smack-Down
Picture of Protein anchor
posted Hide Post
It's like they think they have the upper hand.

I don't understand why they won't graciously accept your offer and move forward.

I agree. You'd been kind. Move on.


----------------------------
Tony

Guns in my collection:

Awaiting next purchase
 
Posts: 4107 | Location: Austin, Texas | Registered: October 03, 2006Reply With QuoteReport This Post
Ammoholic
Picture of Skins2881
posted Hide Post
quote:
Originally posted by DSgrouse:
quote:
Originally posted by JALLEN:
quote:
Originally posted by DSgrouse:
quote:
Originally posted by Timdogg6:
I'm a real estate lawyer which you can love or hate, but I'll give it to you straight.

Sorry, sell the house. Rates are going to go up, values are going to go down and you will lose money fucking with these people who will stop paying at the end of next year because they know you will sell then. So they will slow drag their feet and late pay and all the bullshit that will cost you 90 days of rent next year roughly $9,000, plus you'll have to get a lawyer to get them out because they are long distance, so that is another $2500, and then you run market risk of decrease in value, say another $20,000-30,000.

So low side your going to lose $10,000 high side it's $40,000. Put that back into the budget calculator and let me know how you make out.

So really the choice is screw their family or yours.

If you can't get them to sign a lease, how do you intend to get them out?? Bite the bullet and get these people out now.


We have been talking about this all morning. They responded at exactly 12 am last night with more passive agressive bullshit.


Interpreting your characterization of their response as a counteroffer, a counteroffer is a rejection of your offer. You can accept that counteroffer, or not. I guess from how you characterize it, you will not.

I'm not a lawyer anymore, but I was for 40 years, and involved in every aspect of real estate, buyer, seller, landlord, tenant, builder, lender, developer, title insurer, foreclosure trustee, etc.

It's time to move on. Even that is not likely to be smooth or easy, or cheap, but none of the alternatives will be either.

One of the most important factors in these transactions is accurately assessing the people you are dealing with. In this respect, all men are not created equal. Some are responsible, honest, careful, others are not. Some are grifters, tar babies who dirty everyone they touch.


I was dearly hoping you would stop in and give your characteristically great advice. Thank you.


Yep. If their answer was not I accept the new terms or we'll be out on X date then give them the legally required notice and be done with them.



Jesse

Sic Semper Tyrannis
 
Posts: 21336 | Location: Loudoun County, Virginia | Registered: December 27, 2014Reply With QuoteReport This Post
Do No Harm,
Do Know Harm
posted Hide Post
What a mess.

Like the people smarter than I have already said...boot 'em.

We have a house on an island in NC we rent, my fiancée's house from before we moved. Were we in the same story, I'd file for eviction today. Most states take a month or two to evict.

It's going to cost you before it pays you. I only hope they don't do any damage on their way out.




Knowing what one is talking about is widely admired but not strictly required here.

Although sometimes distracting, there is often a certain entertainment value to this easy standard.
-JALLEN

"All I need is a WAR ON DRUGS reference and I got myself a police thread BINGO." -jljones
 
Posts: 11470 | Location: NC | Registered: August 16, 2005Reply With QuoteReport This Post
The Unmanned Writer
Picture of LS1 GTO
posted Hide Post
Send them notice to vacate on 1 May and follow up with paperwork stating the same.






Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.



"If dogs don't go to Heaven, I want to go where they go" Will Rogers

The definition of the words we used, carry a meaning of their own...



 
Posts: 14254 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
The Karmanator
Picture of Chance
posted Hide Post
The fact that your decision to sell the house will make their lives difficult is their problem. Not your problem.

Don't try to fix other people's problem.
 
Posts: 3276 | Registered: December 12, 2002Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Interpreting your characterization of their response as a counteroffer, a counteroffer is a rejection of your offer. You can accept that counteroffer, or not. I guess from how you characterize it, you will not.

I'm not a lawyer anymore, but I was for 40 years, and involved in every aspect of real estate, buyer, seller, landlord, tenant, builder, lender, developer, title insurer, foreclosure trustee, etc.

It's time to move on. Even that is not likely to be smooth or easy, or cheap, but none of the alternatives will be either.

One of the most important factors in these transactions is accurately assessing the people you are dealing with. In this respect, all men are not created equal. Some are responsible, honest, careful, others are not. Some are grifters, tar babies who dirty everyone they touch.

Well said. Thank you.
 
Posts: 17695 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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posted Hide Post
Sell and don't look back...

My sister had a home in Jacksonville that they rented out when the moved back to South Florida and they got, what sounds to be the same exact tenant.

Started off great, then no lease and always an excuse whey they couldn't pay more or move, then they wanted to try and buy the house...dragged on for years until they pulled a midnight move and my sister discover that they had destroyed the home inside.

It sounds like you have gone over and about trying to accommodate these idiots
 
Posts: 3987 | Location: Peoria, AZ | Registered: November 07, 2002Reply With QuoteReport This Post
eh-TEE-oh-clez
Picture of Aeteocles
posted Hide Post
Send the required notices.

Whatever happens down the road, whether you rent to them or not, you'll wish you had sent the notices yesterday.

Never hurts to send the required notices.
 
Posts: 13067 | Location: Orange County, California | Registered: May 19, 2002Reply With QuoteReport This Post
Bolt Thrower
Picture of Voshterkoff
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If it's where I think it is, taxes are only going to go up, sell.
 
Posts: 10080 | Location: Woodinville, WA | Registered: March 30, 2004Reply With QuoteReport This Post
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Wife spoke to our Realtor tonight, We are going ahead and will enlist the help of a real estate attorney.

They were a bit shell shocked he thinks. It took them a while to wrap their minds around loosing the home. They did not understand the scope of how much of an increase the rent could have been. At least that was his impression.

They have never been late. During this whole chat back and fourth, they paid their rent 7 days in advance like they always have done. Their credit is better than it was according to the realtor.

He suggested leasing it to them, with him helping them get into a home the next year. Having the couple work with a mortgage broker to help them get in shape. To either buy ours, or if they can not swing that stick, he will help them find a house.

This all suits us fine. The wife likes this option, hell she likes selling it also. There are some benefits to keeping the house. So, as I sit here, she is typing up the forms electronically, she will send them to our agent in passive agressiveville (black spy vs Spy) and he will get them doccusigned online.

The dates are settled. This saves me a trip this year. The trip will be next year. which is its own reward and punishment. It means once the refi is through, I can then start on my Garage, once the thing is signed i am stuck with it for another year.

It is what it is.


On a side note, I had my wife read all of your great posts. She really appreciated them. There is a ton of valuable insight here. I told her the best thing she could do is sign up and pick herself a name and thank you all.

So, what do you all think she should call herself.
 
Posts: 6633 | Location: Virginia | Registered: December 23, 2010Reply With QuoteReport This Post
Member
posted Hide Post
How about Bless Your Heart in Virginia?
 
Posts: 17695 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
Member
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That got a giggle
 
Posts: 6633 | Location: Virginia | Registered: December 23, 2010Reply With QuoteReport This Post
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MrsGrouse


A Perpetual Disappointment...
 
Posts: 2819 | Location: BFE, Ohio | Registered: August 05, 2010Reply With QuoteReport This Post
Ammoholic
Picture of Skins2881
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Glad you guys worked it out.

Do she know about the cat thread?



Jesse

Sic Semper Tyrannis
 
Posts: 21336 | Location: Loudoun County, Virginia | Registered: December 27, 2014Reply With QuoteReport This Post
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I like cats, she spent years smelling me. My job was an odor control tech. I specialized in cat urine jobs.


She has no wants for a cat.
 
Posts: 6633 | Location: Virginia | Registered: December 23, 2010Reply With QuoteReport This Post
Big Stack
posted Hide Post
Edit: I wrote what's below before seeing that you had reached some sort of agreement. I was going to delete it, but decided not to. I think getting them out and selling is probably a better moved, and I would do it as described below.

-------------------------------------------

Do you have an attorney local to the house, familiar with the state and local rental laws. If not, you should. At least were I am, there is a certain timing and form of notification that needs to be made if you want to force them to vacate under threat of eviction.


Hire the lawyer, have them set up the notification, and have the lawyer let the tenants know that they will have to vacate as soon as the law will let you force them, that if they do not, he will file for an eviction. Let them know thar any communication will be through lawyer.

The lawyer should also remind them that an eviction will become part of the public record, and that most landlords now are checking these records, so that if they force you to evict them, they'll have a hard time renting in the future.

This message has been edited. Last edited by: BBMW,
 
Posts: 21240 | Registered: November 05, 2003Reply With QuoteReport This Post
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Picture of FiveFiveSixFan
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quote:
Originally posted by wolfe 21:

MrsGrouse

A Perpetual Disappointment


This post perfectly illustrates the need for a separator line between replies and signature lines. Big Grin
 
Posts: 7405 | Registered: January 10, 2009Reply With QuoteReport This Post
Ammoholic
Picture of Skins2881
posted Hide Post
quote:
Originally posted by FiveFiveSixFan:
quote:
Originally posted by wolfe 21:

MrsGrouse

A Perpetual Disappointment


This post perfectly illustrates the need for a separator line between replies and signature lines. Big Grin


Big Grin Eek Big Grin



Jesse

Sic Semper Tyrannis
 
Posts: 21336 | Location: Loudoun County, Virginia | Registered: December 27, 2014Reply With QuoteReport This Post
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