What to do about a breach of a rent to own agreement and items stolen by a tenant?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about a breach of a rent to own agreement and items stolen by a tenant?

We totally rehabbed a rental property 4 years wyth the intention to sell. We did a rental agreement that was to be converted to an agreement of sale within 1 year. Tenant was getting a 5-figure accident settlement (confirmed this with her lawyer) and was going to buy the home when it came through. It kept dragging on. She kept giving us stories. We had also hired her at our company. She got behind in rent, her husband became disabled and was awaiting government assistance. She promised to pay us at settlement repeatedly. About a year ago her grandmother died and left this tenant her home. So our tenant moved out moved, leaving $6k in back rent, plus she took the drapes, artwork, and furniture that was in home (we had “staged”it for sale). Also have unpaid util bills. She still works at our company.

Asked on September 12, 2011 under Real Estate Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

Okay well it is very dangerous to proceed here with her still working at your company because I would guide you to seek legal counsel about suing her for breach of the contract, theft of property in the house and what ever else you can come up with as a cause of action under your set of facts.  If you do obtain a judgement then you would want to consider acting on it in the manner permitted under your state law.  That could include garnishment of her salary but being her employer that might be a conflict here that you do not want to get involved with.  You could put a lien on the house that she inherited (as long as it is in her name) and wait to see if she ever sells to collect.  Get legal help here.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption