What to do if my renters won’t pay the property taxes per their lease to purchase agreement?

I have surrendered the property in Chapter 7 but it is still in my name. They have not paid rent for 5 months and all I asked is that they pay the taxes per their signed lease agreement. They were given 5 years to obtain financing (which they could not), which has expired but they believe they are going to purchase the property from the bank after it is out of my name. Can I take them to court to get them to pay for the taxes?

Asked on August 20, 2012 under Real Estate Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Even if you have surrendered the rental property that is still in your name, you do have the right to sue the tenants for the agreed upon property taxes that they were to pay per the written lease you have written about. You can take the tenants to court for the property taxes owed you but the lender may intervene and claim that such property taxes are owed to it. In essence, taking the tenants to court may be an idle act on your part.

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