I am on disability. I signed a contract for deed over 3-months ago. I gave him $5,000 deposit and $555 is the monthly payment, which is not in default. He has not recorded the contract for deed with the county. What does this mean to me? He purchased insurance over a month ago and is now saying we have breached the contract because we did not pay him the $500 owed for the insurance within 30-days. I was shocked, he knew we did not have the money. He says he will be here next week with the sheriff to kick us out. Is he right that he has the legal right to kick us out without a court order?This is unreasonable on his part. We are already in to him for $50,000. Couldn't we work out payments over the next few months?
Basically, I have spent nearly $7,000 to live in a place for 3-1/2-months. Is the person who has done this to me, my husband and my children in the legal right? Does the United States government condone or condemn this behavior? If it condones this action from him, no wonder this system is failing. This man is a thief and should be treated as one.
Your issue has nothing to do with the United States government or 'the system'. You have a simple, local, contract dispute. You may or may not be in the 'right' (that depends on what your contract actually says--which of course we cannot know). But one thing is certain--the LL cannot evict you without taking you to court. LL must evict IAW your state's processes.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
Landlord / Tenant Lawyer
No -- the Landlord cannot "kick you out" without a court order. You should receive a petition and summons from a court official advising you of when a court date will be held.
Take your documents and evidence of payment to a local attorney. NOW. A contract for deed is a different type of agreement than a lease but you should not just wait around for something to happen.
This answer is to provide a general commentary on the matters posed and neither creates an attorney/client relationship nor carries any privilege of confidentiality.
Commercial Real Estate Attorney
Both the other answers are correct. You must be served with a notice terminating the contract and your right to possession giving you at least 30 days notice. Then they must file suit and have you served with a summons, giving you a notice of a court date, at which time you have a right to be heard.
However, you need to stop complaining about "the system." You simply have a contract. If you have complied with all the terms, you win. If you did not, you lose. If the other guy is a thief or a serial killer, but you did not comply with the terms of your contract, you still lose.
"He know we didnt have the money" is NOT a defense.
You need to spend the money to have an attorney review the contract and the facts.
This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.
I would strongly encourage you to take all your paperwork including your contract for deed and/or lease to legal counsel as soon as possible to determine whether you are in default of any of its requirements. A lawyer can help you negotiate the dispute and work out terms. This is often much less expensive if you get started before any litigation is filed.