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Updated about 1 month ago on . Most recent reply

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Frankie Betancourt
  • detroit, macomb
42
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Breaking Into Your own Property

Frankie Betancourt
  • detroit, macomb
Posted

Hello, Long Story short i got an Inherited Tenant from a previous landlord i had to evict, the tenant  asked if he could stay before hand before i ever even entered the property, Long story Short the PROPERTY had no Furnace,No Heat, running Water, Or water Meter  it was Unhabitable,  I Did alot of repairs for the tenant when i took over  ran water line from another detached unit  to hes ""Im not suppsoe to but did, just for the tenant Only thing i could not do was get a furnace installed, 2 years later im trying to evict the tenant but THE JUDGE WILL NOT EVICT UNTILL I MAKE ALL THESE REPAIRS?? why am i being Forced to make repairs I even had tenant Sigh a contract saying i will be making minimum repairs because the property is unhabitable ,,  So i was wondering what the best option would be , Is it possible to have someone else break in, Or could i possibly Transfer the deed to someone else and have them do the eviction, Or Do i sell it with the tenant still inside, Im open to all suggestions because this is ridiculous thanks

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Janice Carter
  • Real Estate Broker
  • Atlanta
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780
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Janice Carter
  • Real Estate Broker
  • Atlanta
Replied

@Frankie Betancourt The judge’s position is pretty standard. If the property isn’t habitable, courts often won’t grant an eviction until those issues are addressed, regardless of any agreement with the tenant. Do not attempt anything like having someone break in as that can create serious legal trouble. Transferring the deed won’t solve it either as the issue follows the property.

Your best options would be to bring the property up to minimum habitability and proceed with eviction. You could also offer a cash-for-keys agreement to get the tenant out voluntarily or sell the property with the tenant in place to an investor. It may also be worth speaking with a local landlord-tenant attorney.

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