i bought a house owned by a bank, i made an agreement with the previous owner to give him 30 days and $2000, $1000 upon signing the contract. he signed and he toke the down payment then he didnt move out after the 30 days the due date was yesterday, the electricity got shut off at the house because he didn't pay his bills so i had to move it under my name so he can move out in time, i cant afford paying it for him.
how can i evict him quickly with getting my money back from him? and in the meantime can i shut off the electricity I`m not willing to pay it for him?
can i charge him with trespassing?
I am sorry to hear that you are dealing with this situation. If you hired an attorney to draw up the agreement with the former owner I would direct your questions to your attorney first. However, based upon the limited facts you provided above, I believe that you will need to give the occupant proper notice under the law terminating his tenancy (typically not less than 90 days in the post-foreclosure context), and then commence a summary holdover proceeding to evict him. I would consider hiring an attorney for this process rather than trying to do it yourself, but I understand that is not always possible. Based upon the facts you conveyed above, I would not advise having the electricity shut off or attempting to have the occupant charged with trespassing. Finally, because of the limited amount of factual information available in this forum, this post should not be relied upon as legal advice in making your decisions and you should schedule a consultation with an attorney to fully assess your available options. Best of luck!
THIS POST SHOULD NOT BE RELIED UPON AS LEGAL ADVICE NOR IS IT A SUBSTITUTE FOR OBTAINING IN-DEPTH LEGAL ADVICE SPECIFIC TO YOUR SITUATION. This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post, nor should this post be relied upon as legal advice. You should scheduled an in-depth consultation with an attorney if you are seeking legal advice specific to your situation.
Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced NY mortgage foreclosure/landlord-tenant attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Retain an attorney to commence an eviction action.
Good luck with your case!
Jonathan D. Warner, Esq. is an attorney who is licensed and admitted to practice in the State of New York, U.S. District Courts for the Northern, Southern, and Easter Districts of New York, and U.S. Tax Court. This answer is provided only for informational and/or entertainment purposes only. It should not be relied upon as legal advice, which can only be offered to clients in an office consultation setting, after all of the facts and circumstances of a case or controversy can be fully considered and reviewed. No attorney-client relationship should be inferred by virtue of any answers posted. Before commencing any legal action or assuming any legal position, an attorney licensed in your jurisdiction should be consulted beforehand. We are a debt relief agency and help people file for bankruptcy.
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