STAYING ILLEGALLY (Mr. Bronchick, help) - Posted by JOHNMAN


#1

Posted by Irwin on December 03, 1998 at 06:56:22:

Don’t be so sure that the disbarred lawyer has “no legal stand”. You say he has been there “for years, without the knowledge of the present owner”. How many years? Has he been there long enough to claim title by adverse possession under GA law? You don’t want to be the one who has to litigate with this guy as soon as you close.

Most Purchase Agreements require the seller to deliver possession on a certain date. Unless otherwise agreed, it is the seller’s obligation to deliver the property
vacant, and in this case, I would requre that at least the lawyer be out of there before closing. The rent paying tenant can be left alone if you wish, but be sure he is nothing more than a month to month tenant. Get it in writing from him.


#2

STAYING ILLEGALLY (Mr. Bronchick, help) - Posted by JOHNMAN

Posted by JOHNMAN on December 03, 1998 at 01:02:45:

There is a building here in Savannah that I am about to close on. This is the one that has the bar of redemption problem. We have almost resolved that problem. I’m trying to head off another problem with this property. The old owner (not the present owner) is running his business in the basement. This person is a DISBARRED LAWYER. I was warned to be careful in dealing with this individual. He is the opposite of STRAIGHT! He has stayed there for years without the knowledge of the present owner. NO LEASE, NO PERMISSION. I’m still baffled by this. Why this has gone on this long? I don’t know. But anyway, I would like to know what kind of difficulties I need to be aware of when I start the eviction process. I have contacted the magistrate court here in Savannah and I was told that once the eviction papers have been served he has 7 days to move out and if he doesn’t a Deputy will accompany me to the property and they will kick him out. By the way, there is also a tenant on the first floor that he has been collecting rent on for the past 6 years and the tenant didn’t know that the previous owner isn’t the real landlord. He does now!!! Now, would trust this man???

I know he has no legal stand but I’m just worried that he will hold me up in court or burn the building down!! The 2nd and 3rd floors are gutted out.

What do you think?

Thanks.

Newbie Johnman


#3

Re: STAYING ILLEGALLY (Mr. Bronchick, help) - Posted by BR

Posted by BR on December 04, 1998 at 14:53:21:

I’ve been told to stay away from anyone in the legal field and relatives. It seems to be too late in this case.

Good Luck!


#4

STAYING ILLEGALLY (keep them coming) - Posted by JOHNMAN

Posted by JOHNMAN on December 03, 1998 at 16:29:34:

I really appreciate all the comments! Keep them coming!!!
I will keep you posted on the progress of this situation!!!

Thanks everyone.


#5

Re: STAYING ILLEGALLY (Mr. Bronchick, help) - Posted by Tom Brown

Posted by Tom Brown on December 03, 1998 at 15:30:50:

You might want to talk to the first floor tenant and the DA about a case of fraud regarding 6 yrs worth of rent.

Thr threat of jail may make your cellar dweller become more reasonable.


#6

Re: STAYING ILLEGALLY (Mr. Bronchick, help) - Posted by Bud Branstetter

Posted by Bud Branstetter on December 03, 1998 at 08:58:09:

John,

Just to clarify your eviction statement. Texas is similar in that after the judgement is final the deputy will accompany you to ?kick him out?. But there is a process before that. One is to properly notify them to sign a lease or pay rent. Here we would demand rent and notify him to vacate. If they did not pay you have three days before you do the next step. If they pay the rent they have 30 days in which to vacate. You(or the constable) then serve a notice to vacate. Only then can you file a forcible detainer suit. They have a certain time to answer the suit and can ask for the hearing to be postponed(at the last minute of course) At that hearing he would make any claims for validation of occupancy. If he loses and before the judgement is final they can appeal. Now you have more waiting time and expense. Finally, you are responsible for physically removing his possessions and storing them if required. Take care not to damage them or you?re back into court as the defendant. Follow the rules for notice to sell/dispose of his possessions.

A royal pain to be sure. If you are not up on your evictions hire the meanest toughest lawyer you can. Expect delays. I relate this scenario to point out why you want to make it the sellers problem if you can.