2005- Property purchased with lease and paying tenants in place. (No problems)
2015- Mutual verbal agreement to vacate. ( house in poor condition, needed renovations))
May 2015 -last rent collected (landlord thought house vacated but no inspection was done)
Nov 2017- Lein placed on property for water and taxes not paid. (Both bills paid in full)
Jan2018- owner goes to inspect house with law enforcement. Old tenant still living there. Refusing to pay rent. Won’t leave.
Feb-July- 2018- multiple certified mail sent telling them to leave, should not be there and no rent received.
September 2018- court for non rent payment. -case dismissed without prejudice, landlord advised to get lawyer.
Oct2018- still looking for lawyer
In all frankness--the LL in the situation you described has no idea what he or she is doing and in my view is entirely responsible for the situation. Most efficient way forward is to turn the matter over to a local landlord tenant attorney. Unfortunately, seems like the LL is not able to hire a lawyer--we have no idea why, I suspect it comes down to money--when the LL finally realizes that spending a few hundred, even a thousand now to get a non paying tenant out, will produce income later when new paying tenants move in, the LL will 'get it' and take the steps to hire an attorney. Its an investment, not an expense.
It sounds like a bit of a complicated situation and I would definitely need a lot more information to know for certain how to advise.
However, I agree with counsel that the Landlord in this situation would be well-advised to seek a lawyers help. Landlord/Tenant law can be tricky, even without the complicating factors being described here.
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