Renting To Own Home and landlord wants to evict me for non payment?

0 votes
asked Aug 20, 2016 in Real Estate - Renting by Jacob (160 points)
I lost my job last month and just got work again a few days ago.

I'm renting to own a home with an option to purchase.

I will be able to pay last months and this months rent by the end of this month when I get paid and as long as I have my job I'll be able to keep up the payments.

The landlord is not being very nice and says that he wants me out by the end of the month and doesn't want to accept the money when I get it.

Can he actually do this?

This is the first time I've ever been late in almost 2 years of payments.

4 Answers

0 votes
answered Aug 20, 2016 by chad (14,670 points)
Sorry to hear of your job loss.

Your landlord is in the wrong and can NOT evict you right away for non payment.

Rent to own is different from just renting.

When you're renting to own you're basically in a mortgage with the seller.

The landlord and tenant laws don't apply in these cases since you're not just renting the home. You've signed a lease to purchase the home.

So you're landlord would have to go through a foreclosure process which could take years to get you to move out.

Send him the payment and keep a receipt that you paid him.

If you're late he can charge you a late fee but he can't kick you out right away.

Even if you were just renting the property from him he'd still have to take you to court to remove you from the property.
0 votes
answered Aug 21, 2016 by landlord1 (220 points)
It sounds to me like he may have a buyer already that's ready to pay him cash money for the whole thing and wants you out because of that.

But don't worry. Once you signed a legal contract. As long as you can make the payments up he can't force you out.

Renting to own is a whole LOT different than just a rental lease.

When you're just renting a place you didn't sign to buy it and are never gonna own the place no matter how many payments you make.

When you're renting to own, you basically signed a mortgage but instead of signing a mortgage with a bank, you've signed the mortgage with the owner of the house.

Rent to own agreements means that he would have to foreclose on you. He can't just evict you like he could with a regular tenant.

Yes you ARE his tenant until the house is paid off and must agree to do upkeep or whatever else is spelled out in the lease.

But you're a different type of tenant.

A foreclosure process has to happen which in some states can take years before he can foreclose on you.

Keep sending him or giving him the money when you can and keep all your receipts in case you need to go to court.

I'm a landlord and a type of landlord that does understand that it's possible for people to run into financial trouble without it being in there control.

Your landlord sounds like a heartless person to want to kick you out over one missed payment.
0 votes
answered Aug 24, 2016 by Monic (280 points)
He can kick you out. But like the others have said, he can't just kick you out straight away.

It has to go through court and depending on the State you live in it could take a foreclosure instead of just a rental eviction since you signed papers to buy the the house instead of just renting.

I'd contact a lawyer.
0 votes
answered Aug 24, 2016 by Marcus (180 points)
It does sound like your awful landlord is trying to get the house back so he can sell out right.

But no he can't just take it back. A court process does indeed have to happen.

But he can get you removed.

Ask some friends or family if they can loan you some money to make your rent.

Also look to selling un needed items on ebay.

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