If you are buying a house on contract through a private individual but you default on the contract, can they just throw you out?

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If you are buying a house on contract through a private individual but you default on the contract, can they just throw you out?

We are buying a house on contract through a private individual and we got behind on our house payments by 2 months. We have agreed to make extra on our payments every month and she agreed to it but has been harrassing ( constatnt updates and calls before the payment is due asking when and what time we are going to show up to pay). Now she has called and asked us to be out by 5 pm on the same day. Can she do that with no notice? I don’t know the rights when owning a home and on a contract. Doesn’t she have to give us at least 30 days?

Asked on April 3, 2012 under Real Estate Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am assuming here that you did not have an attorney represent you in the signing of the contract but I think that it is time now that you do indeed seek legal help.  Some one needs to review the contract as soon as possible.  What you agreed to could indeed by binding.  Generally speaking, if you default she would have to sue you on the contract terms.  Can she throw you out in a day?  Probably not but again, some one needs to rea the contract and determine what yout "status" is here.  Good luck.


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