Posted by JT-IN on May 19, 2006 at 19:23:03:
Michele:
Questionable practices… Things that a LL might do in attempt to get a T to comply, by playing hardball, such as things like removing one’s front door, or turning off electric, or any other punitive move that deprives the T of normal services.
The reason that I brought that up is your reference in your original post: “no tenants toilets or trash was the way to go” I don’t totally know what you infur with this, but if it in any way is punitive to deprive, inconvenience or punish the tenant, then it is a BAD idea. The legal penalty to a LL can be drastic, much worse than the problems that you already are facing.
Depending upon your state’s laws regarding a Vendors rights against a Vendee, (those are technical names for parties in a Land Contract), will determine how much leverage that you may have to execute against the T/V. In many states, if a purchaser/Vendee of a LC, has less than 20% equity in the property, and the agreement is less than 5 yrs in length, then the Vedor or Landlord is entitled to EVICT the party as opposed to foreclosre upon them. However, the real answer is buried in your state statutes, which will determine what you can and cannot do in this case.
My original suggestion of a Temp Restraining Order, which may grant you immediate acces to the property, may at least make a statement to the T about tearing up your secured interest in this property. If there is a TRO issued, and they violate that, it is far worse than violating the terms of a lease. This will depend upon what they are doing, and especially if you can show that they are violating health dept rules, this may work in your favor. It all depnds how agressive you are, as well as your state’s laws in dealing with LC parties… Wish I could offer more specific advice but you don’t mention which state you are located, that I recall.
Good luck on it…
JT-IN