Problems with tenant

A tenant came to us and wanted a 2 year lease with option to buy. We both agreed to enter into a lease with the tenant for 1 year. At the end of the 1 year lease, we would offer him a new 1 year lease with option to buy.

Now, my sister-in-law has been the one collecting rent for us. But, she has not, for whatever reason, been giving the tenants receipts for rent payment. The tenant has become very delinquent and has apparently not payed on time now for the past 4 months and not payed rent at all for the last 2.

The first 1 year lease is over in Oct. I am tired of being a landlord, and offered the tenant the option to purchase the property through a short sale in in middle of May. He said he would get back to me. 2 weeks later he said he still was thinking about it.

In July he was late on rent again, I called him and asked what was going on. He stated that he will not pay rent anymore, that his wife is going through dialisis and can not afford to pay rent. After the conversation, my sister-in-law gave him the 3 day pay or quit letter, but forgot to make a dang copy. He called us back saying he was embarrased that we left the letter on the door for all the neighbors to see. He told us to give him to the 15th to find a new place and he'll leave. So we were dumb and stopped the eviction process.

So now, this tenant has been staying in my house now for 2 months rent free because we stopped the eviction process. The tenant has also put new locks on the door. He also says that because WE broke the contract, he no longer has to pay and to take him to court to get him out. All we did is offer him a chance to purchase the property cheaply before the current contract was up. We thought we were doing him a favor as well as him doing one for us. We NEVER asked him to leave or gave him notice till he said he would not pay rent anymore.

Were are we at? and I know we messed up big time by not giving/keeping receipts for rent. And he usually paid cash. What is our next steps? start all over with the eviction process? 3 day Pay or Quit then to court? or is the previous 3 day notice still in effect?

[sunlover]

Give him another 3 day pay or quit although its really not needed and beign process anew. He can not change locks without giving you a key as well. Document everything from this point on and save all that yu have thus far. This includes and conversations you have had and anyone present at time. Expect this to get ugly! Agree to nothing short of all unpaid rent and departure from home. Do not stop eviction process until that is done no exceptions!

Ok, we gave him another 3 day pay or quit. But we also filed our court papers. They filed their response and we have a court date on Sept 17th.

Now comes another problem. We had the bank come out to inspect the property. The tenants refuse to let us into the property stating that they have a court case and will not allow us onto our own property or the bank assessors. Since the tenants changed the locks, ( they actually put a security gate up in front of the main door and did not give us keys) we do not have access, and of course now they wont let us or anyone else onto MY OWN PROPERTY!!!

Am I able to get a Locksmith to open the security gate, and maybe have a sheriff or police officer escort us onto the property? Since it was illegal for them to not give us any keys, am I able to get onto the property at all at this point? or do I have to wait till court?

In our contract, we have the right to inspection once a year. But, since all this BS, and them believing we have broken the contract somehow....even though they have now not paid rent in 3 MONTHS!! what is the ramifications?

Thank You for any help

Wait for the evictions hearing. Any other contact you have with the tenant now could be seen as harassment. So do not inspect and hold off with the bank until then. Have no further contact with the tenants. When you are granted possession, the court will order them to vacate. When they don't, you normally go to the clerk or the sheriff to enforce the order. The sheriff will then escort them off the property and allow you to set all their belongings out. (Sometimes this takes a couple more days.) When that is scheduled, have the locksmith available for that date and change the locks immediately.