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How to evicting a tenant who has broken their rent-to-own agreement?

I owned a house, then got married & added my new husbands name to the deed. I moved in with him. He took a loan against the house. Later we arranged a rent-to-own contract with the tenant on the house. The payments they made, were turned around & made against the loan. We got divorced & I got the house back in the divorce proceedings, my ex-husband contacted the tenant via letter stating that all payments & contact about the house should now be directed to me.
The terms of the rent-to-own contract are specific that the contract can be broken if tenant fails to comply with any of the terms.
The tenant has failed to comply with the terms of the contract everything from being late with payments to failing to make payments + other terms including disturbance to existing neighbors which was also specified in the contract.
I have tried to serve this tenant, she refused certified mail addressed to the physical address, it was returned to me & I still have it as proof that I tried to serve her. She did not provide me with an updated mailing address, which again was a term in her contract. She did not provide me with her telephone number, which against the terms of her contract. She would not answer the door when I physically tried to serve her. Finally I had my step-brother to serve her.
This is now going to magistrate court, the court date was changed because she wants to Subpoena my ex-husband & she is trying to make claims that I am harassing her. I do not know how it can be considered harassment my trying to evict her when she is in violation of the terms of her rent-to-own. Am I taking the right steps, do I have a leg to stand on? What should I take when I go to magistrate court (West Virginia)? Currently I am renting a small apt for my yoyng daughter & I it is all I can afford as I am still making the oan payments against the house, as the tenant is not making any payments on the rent-to-own contract. I want to evict her take the house back & move back into it. Please help with any comments, suggestions you may have to offer, I've never had to deal with anything like this and I am alone and cannot afford an attorney, I can barely afford my rent , utilities & groceries for my daughter & I.

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi treasures2treasure!

Welcome to forums!

In my opinion, you are taking the right step by filing a case in the court. If your tenant has violated the terms of the contract, you have the right to evict her. You should take the help of an attorney in such situations. While going to the court, you should carry the rent-to-own contract and other papers which you had tried to give your tenant.

Feel free to ask if you have further queries.


Like | Dislike | Share | Posted: Thu, 06/04/2009 - 20:59 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Have you checked out

Like | Dislike | Share | Posted: Fri, 06/05/2009 - 06:09 | Post subject:

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