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  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Default Evicting Tenants Who Have Been Making Home Improvements Instead of Paying Rent

    My question involves an eviction in the year 2012 we wanted to sell our home. A couple asked if we would rent it to them in August until tax time (April/May) 2013 to give them time to do what they bank needed them to do in order to be able to finance it with the bank. The couple are our ex inlaws family so we kinda know them. We know they are clean decent people. Our house was unfinished inside as we traveled alot and never finished it up. We told them yes we will work with them. We wanted to sell it & we wanted to see them get it. We told them it was ok to put down some carpet or lanolium on the floors and that they would have to finish up the walls where we were putting up toung and groove wood. They also needed to put up trim. The walls we already had painted the colors we wanted. We didnt do a lease with them but we did write out a paper and we both siged one. We have lost ours. But at no point did we ever agree to pay for the work they had to do in order to get financed. In the agreement it says no one else is the live there and no pets. We think their parents are living there. We found out they had 2 dogs also inside the house. We went there about the dogs but told them it was ok once we saw them and also the girl informed us that her granny won a law suit and in a couple of months is going to pay us cash for the house. So were still thinking tax time. She told us this because we were getting on her for having the dogs. So she reinforced that they are fixing to pay us cash for the house to please not make them get rid of the dogs. So we said ok. So between January and July we have asked them several times atleast each month are they any closer to go to the bank? No not yet but they have put what they said at 1 time $5000 in work in it and now it is $7000 they said. We called them the beginning of July told them we want to come see what they have done towards getting approved. They have hardwood flooring all in the house and they finished up the wood on the walls in the livingroom but did not use the same thing we were using cypress toung and groove and they used pine. They also painted over some walls with really dark colors. We told them they could finish up not change anything. We are tired of waiting we are willing to go as far as october then if they cant get it by Octobers rent time then we want them to move out. We are not doing rent to own or anything and we want it sold if they cant buy it then someone else will. Nows where the question is. Can they tear out all the flooring and wood work they put in? I thought that if they attached stuff to the house that they cant? It isnt our fault they cant get financed. We didnt agree to pay them 1 red cent for any of the materials or their labor. Do they have to just forfit it all? If they can not take it down can they paint the wood dark purple etc that no one in their right mind would do and say they liked that color basicly to destroy it to keep us from leaving with it? We do NOT want to be like that but seriously we have worked with them long enough and alot longer than we agreed upon. We have done our part we feel. Time for them to put out or get out. Do we say something to them about getting out or do we go to our attorney first and explain all this to him and let him notify them? Can he tell them not to take out anything they put in? If they do take it out but aint supposed to can we do anything? state of:FLORIDA

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: What Can I Do What Should I Do

    "Improvements" that tenants do to a home that involve anything that permanently connects to a rental unit stays in the unit at move out. For example, if they put up new kitchen cabinets these would remain in the unit when they leave since these would be attached to the structure of the house. If they added appliances that only plug into a socket (a refrigerator, for example) this could go with them at move out.

    You have placed yourselves in a very precarious position with this couple. Although they have not paid rent, they will very likely believe their "sweat equity" equals more than rent and any attempts to evict them is likely to cause them great anger and the risk of destroying the home prior to them moving out. The fact that you have attempted this entire business in such a casual way (and you've lost whatever paperwork you all have signed regarding this matter) may make matters worse. Hopefully it will not but for heavens sake, if you do wish to end all of this, engage your attorney to handle the process of eviction.

    Gail

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