Quote:
Originally Posted by JB3
We entertained the delay and excuses for a purchase and sale contract for almost half a year until their lease finally expired
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First off don't talk unless your lawyer tells you and guides you in what to say.
The above quote can be misinterpreted by a court as your implicit approval to NOT hold by the strict terms of the 'right of first refusal' you seem to have entered with the tenant.
Judge can think "why did you wait so long after the agreement?, so, since you did, obviously the strict agreement terms are not very important and the situation may have become worse since the landlord did not act immediately."
Being Mr. Nice guy usually earns hardship. Ask me how I know.
Do not recall or volunteer any past verbal communications regarding your agreeing to postpone or delay the agreement etc.. "I don't recall" is good enough.
Just say the agreement (and lease) is expired and the house needs to sell.
Don't embellish uselessly. "lose lips, sink ships".
You could also raise the rent to double since the lease is expired.
Is it a year to year or monthly after the lease term is up?
In any event, you can set the new rent as high as you want.
If they don't pay, they get evicted.
As a matter of fact, even now, you could probably give them the 30 day notice of new lease terms: new rent.
So later regardless of outcomes, they owe more rent. Redux process- fail safe?
They may be the best tenants you have had and may have their reasons for the wrinkled relationship but, put that aside and stick to facts. Your lawyer ought to be able to cut through the junk.
Especially if you have rent control junk imposing on your rental business.
Dress in a blue colored business suit.
Good luck.
