I have a tenant that I’m currently evicting for non-payment of rent. I’ve had to serve a 3-day notice on 8 separate occasions, during the lease, before they paid the delinquent rent. Now in retaliation, they have filed a separate civil suit for Breach of Contract, alleging that they have the right to purchase the property. I signed an agreement stating that they “may have the option to purchase the property at the end of the 1 year lease, and both parties must agree to the terms of the Real Estate Purchase Agreement.” They are also falsely alleging that property is in dire need of repair, even though they signed off 9 months earlier, on the initial Lease Agreement, that it was in perfect condition.
I am positive that they have no funds or cash to purchase the home and they have no ability to borrow.
Can I attack their complaint based on the fact that they are unable to tender the amount required to purchase the property?
You can probably defend their complaint in superior court partly on the basis that the plaintiff cannot perform. However, you have other means to attack the complaint, and you may be able to attack the complaint by demurrer, or a motion for judgment on the pleadings if an answer has already been filed, depending on what specific allegations are made in the complaint. The language "both parties must agree to the the terms of the Real Estate Purchase Agreement" implies that you may have no real binding agreement on the terms of an option.
Initial pleadings in superior court are important. You should probably contact an attorney in your area. Even if you will not hire the attorney to fully represent you, legal assistance in preparing your initial documents may help you obtain a prompt end to the breach of contract case.
Answers on this site are only intended to provide general information. No attorney-client relationship is intended. Specific legal advice is only provided after a personal meeting in which detailed information about a client's particular circumstances and goals are obtained.
You could... but that isn't the best way to attack the complaint. You need to contact an attorney because you could run into some potentially huge pitfalls given the facts.
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You should not attempt to represent yourself in this matter pro se. Hire an attorney to defend you and bring any viable counterclaims.
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