How can I quickly make a tenant move out of a sold house? Sold House in Germany in empty condition whitout tenants to a builder who wants to demolish and build a new house. Handover to new owner failed because one tenant still claims to live there. Residential lease-agreement was cancelled in written but only to Mr. instead of Mr. AND Mrs. Tenant. Therefore the cancellation is invalid. One of the two tenants never moved out. Didn't pay rent for three years. German law protects tenants even though they don't pay and it is not allowed to throw them out without correct cancellation letter and a specific amount of time. Owner can file a law suit and evict the tenant but new owner can't wait and would claim indemnity while this is going on. Can take 3-6 months. Lawyer suggests a payment to tenant and legal agreement to resolve case so the new owner can take over fast. Tenants furniture was discarded because nobody knew he still came back every now and then. Tenant knows that he is in the way and asks for a big payment as his lawyer threatens to issue a temporary restraining order for the demolition of the house which would cause additional costs for the builder and new owner.
Pay them When negotiating it is useful to think of your BATNA - Best Alternative To a Negotiated Agreement. Your BATNA is to follow the appropriate legal process to evict them which will cost what it costs and take the time that it takes. You also need to think of their BATNA which appears to be that they get use of the property rent free until evicted - what is that worth in time and money to them. The area of successful negotiation lies in the area where both BATNAs are satisfied - if it exists. Sometimes a BATNA is just a BA, a Best Alternative. If you can negotiate an agreement that will cost you less (in time and/or money) than your BATNA and give them more than their BATNA, you should take it.
The terms of the lease are subject to Ohio's law. The only option for a tenant terminating a rental agreement is ORC 5321.07(B)(3), in response to failure to fulfill obligations under 5321.04. Those obligations relate to safety and health, keeping things in good working order, not abusing access and privacy rights. There is no obligation to make the tenant happy. As a general rule, when you sell real estate, rental agreements transfer from seller to buyer. If they did not, tenants could be evicted as trespassers or rents could be raised massively within the period of the lease. The tenant's obligation remains the same, and it has simply been transferred to another person.
australia A tenant must return the property in the state it was given subject to fair wear and tear Fair wear and tear represents the deterioration that occurs in normal use - so it includes wear on a carpet from walking on it but not wear from having a horse walk on it (unless you’re renting a stable but who puts carpet in a stable?) If the wall is in the condition that it was given to you but for the normal deterioration over time, then you are not liable to fix it. As for who has the onus of proof, since the landlord is the one claiming the entitlement, they have to prove it. However, the burden is only the balance of probabilities. So, if there is a fist shaped hole in the plaster wall and there is no evidence it was there when the tenant moved in, then, it’s more likely than not that it happened on the tenant’s watch and they have to fix it. Because putting fists through walls is something that residents are more likely to do than landlords. However, if there is a painted wall and the initial application of the paint is defective, then absent evidence that the tenant painted the wall, it’s more likely than not that the landlord did it. Because painting walls is something landlords are more likely to do than residents.
As far as I know, no jurisdiction in the US relieves a person of their contractual lease obligations when they are required by law to leave the country. However, many (perhaps most) states require the landlord to make an effort to re-rent an abandoned unit, which reduces the size of the tenant's liability. Unless the landlord just gives up on the claim for $8K, you would have that liability, which could be collected through legal process. The landlord might do this in her jurisdiction, which would no doubt result in a default judgment (because you won't show up). Theoretically, she could also pursue you in your home country, but that is much more complicated, expensive, and subject to whatever discretionary dim view the local courts have of US immigration law, or other tenant-related laws (the courts would have to conclude that there was a wrong by the standards of that country). A variant of suing you in your home country is suing you in the US and having the judgment enforced in the foreign country, but that against depends on the legal system of that country and treaties between the country and the US. Since visitor visas are a highly discretionary legal entitlement, it's impossible to say &quot;won't&quot; w.r.t. the question of whether a visa application will be denied because of an unpaid monetary judgment. It's also impossible to say &quot;won't&quot; because the law can change at any time. With those caveats, there does not appear to be any concrete reason to believe that a visitor visa will be denied because you skipped out on a lease. A visa can be denied and one can be perma-banned for lying on interview questions, so the hope is that there isn't a question &quot;do you have any money judgments against you in the US&quot;.
Can the seller enter a formal agreement with the tenants in which the seller pays a sum of money and in return the tenants vacate the premises before the closing date, and would such agreement hold over the tenants legal right to remain on premises past the closing date? Maybe. It depends on tenancy law in Nova Scotia. Notwithstanding, given that the tenants are “difficult”, what are your plans if they take the cash and don’t move out? What happens if the sale goes though under the assumption that the tenants have left, and in fact the tenants are still occupying the premises? Why would the buyer settle under an “assumption”? At the time of settlement either the tenants have left (so settlement happens) or the haven’t (so the vendor is in breach, settlement doesn’t happen and the buyer decides whether to rescind the contract and claim damages or affirm the contract and claim damages). What guarantees and proofs can the buyer demand as to the vacant status of the property? They take the keys and walk into it. What other questions should the buyer be asking? They should be asking: “Will you be in a position to fulfil your obligations under the contract?”
It primarily depends on the title that you have to the house: are you &quot;joint tenants with right of survivorship&quot;. This could have happened when you bought the house; it also could have been done after the fact in various ways. In that case, the house is outside of your wife's estate (which, under the circumstances, is divided between children and you). The lender might be confused about the status of the property, but they might be right, so the question is, what is your legal &quot;interest&quot; in the house, that is, does the title document say &quot;tenants in common&quot;? Assuming that the property is not recorded as JTWROS, then there are two matters to attend to. First, the lender may need to be satisfied, somehow, that they aren't taking a risk by refinancing when you aren't really the full owner. The second is clarifying actual ownership. Estates Code 201.0002-.003 govern intestate succession with a surviving spouse, where the dividing question is whether it is a community estate or not, which then implies shares for children. In that case, the children are part-owners, so you need their consent to e.g. sell the house (that is, this is a complication that needs to be fixed). Basically, you have to get a lawyer, and straighten this out.
In general, and in particular in New Jersey, a new owner takes possession subject to existing rental agreements, and in particular subject to existing leases, unless there is a provision in the lease to the contrary. This happens automatically, by law. Thus any lease is as enforceable against the new owner as it would have been against the old. But how enforceable is this arbitration agreement? How enforceable would it have been against the old owner O? The basic fact about a month-to-month tenancy is that either party may end it on one month's notice, for any reason or none. Moreover, when a new owner intds to occupy the premises personally, or use them for his or her family, the requirement to honor a previous lease is, in general, not applicable. T might be able to force N to go through arbitration, depending on the wording of the agreement, and on whether the written lease applies at all after the end of the first year (which it may well not). But on the facts as stated in the question, T would lose in arbitration as well as in court, and if there is any increased expense because of the arbitration, T would be obliged tom pay it. Let us look at the actual NJ law N.J.S.A. 2A:18-53 provides that: any lessee or tenant at will or at sufferance, or for a part of a year, or for one or more years, of any houses, buildings, lands or tenements, ... may be removed from such premises by the Superior Court, Law Division, Special Civil Part in an action in the following cases: a. Where such person holds over and continues in possession of all or any part of the demised premises after the expiration of his term, and after demand made and written notice given by the landlord or his agent, for delivery of possession thereof. The notice shall be served either personally upon the tenant or such person in possession by giving him a copy thereof or by leaving a copy of the same at his usual place of abode with a member of his family above the age of 14 years. [emphasis added] Section 2A:18-56 provides that: No judgment for possession in cases specified in paragraph &quot;a.&quot; of section 2A:18-53 of this Title shall be ordered unless: a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months' notice to quit, which notice shall be deemed to be sufficient; or ? b. The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month's notice to quit, which notice shall be deemed to be sufficient; [emphasis added] Section 2A:18-57 provides that: If no sufficient cause is shown to the contrary when the action comes on for trial, the court shall issue its warrant to any officer of the court, commanding him to remove all persons from the premises, and to put the claimant into full possession thereof, and to levy and make the costs out of the goods and chattels of the person in possession. No warrant of removal shall issue until the expiration of 3 days after entry of judgment for possession, except as provided for in chapter 42 of this Title. Section 2A:18-61.1 provides that: No lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant may be removed by the Superior Court from any house, building, mobile home or land in a mobile home park or tenement leased for residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other guesthouse or part thereof rented to a transient guest or seasonal tenant; ... except upon establishment of one of the following grounds as good cause ... [emphasis in original] h. The owner seeks to retire permanently the residential building or the mobile home park from residential use or use as a mobile home park But note that good cause is not required for an owner-occupied dwelling with no more than two rental units. T would be wise to consult a lawyer knowledgeable about landlord/tenant law in NJ before attempting to contest the notice or eviction.
A "limited license housing agreement" may be an interesting attempt to get around landlord-tenant laws, typically associated with official student housing (e.g. this from Queens College CUNY). This facility near WMU is not overtly related to the university, but might be subcontracting for the university. At any rate, there is no special provision under Michigan law that exempts landlords from the provisions of the law in case they declare the contract to be an agreement as opposed to a lease. It is possible that this is copy-and-paste law that erroneously relies on provisions in landlord-tenant laws that exempt university housing agreements from provisions of a state's landlord-tenancy law. You do not need to be informed that you should / could consult an attorney before signing a legal document: this knowledge is presupposed. It is also assumed that when you sign a document, you read the document. It is reasonably likely that the lease contained language like the following (from the above contract): I have carefully read, fully understand and voluntarily sign this Housing Agreement. Once fully signed, this is a binding contract and is intended to be enforceable under its terms. I have had the opportunity to seek independent legal advice The disclaimer "This Housing Agreement is not a lease and no tenancy, leasehold, possessory or other property interest in any specific apartment or bedroom is created" has dubious legal status. The rights given by the landlord-tenant act cannot be waived, under the Truth in Renting Act, so saying "this is not a lease" does not make the lease not a lease. In Michigan there is a duty on landlords to mitigate loses when a premise is abandoned. The case Fox v. Roethlisberger, 85 N.W.2d 73 mentions such a possible duty in the context of tenancy is often cited on the web as establishing such a duty, but I disagree. Froling v. Bischoff, 252 N.W.2d 832 however establishes that there is such a general duty for any breach of contract (and even applies it to breach of a rental agreement). So whether or not you call it a lease, there is still a duty to mitigate losses. In the scenario where you abandoned the unit and the landlord waited until the end of the year to file an action for breach of contract, they could have failed in their duty to mitigate their losses (but see Fox v. Roethlisberger, where landlord did make an effort to re-rent, and simply was not able to for 9 months).