Taking possession question

7 Replies

I received a tax certificate from the state of Alabama on a 4 acre parcel. I have already accessed the property in my name at the Jefferson county courthouse. There is no structure on the property but there is someone with a travel camper and there are 3 horses on part of the fenced in property. How should I approach the person on the property? Can I go ahead and take possession by putting up No trespassing signs and marking the property boundaries with stakes and orange flagging?

Consult an attorney on what rights you have. You may be able to require them to vacate immediately or, if they have some type of tenancy rights, you may need to give notice and follow some procedural guidelines in order to terminate their tenancy rights.

@David Tubesing is correct.  If you have only a tax certificate, you must give written notice to vacate, and then wait 6 months before you can file your ejectment lawsuit.  I recommend giving the notice in a very non-threatening manner, hand written on a note card, and politely asking the person to contact you to make arrangements to either vacate or rent the property. If they contact you, that's good. If they ignore you, at least they will probably not trash the property, because they won't view you as a threat.  When you file the ejectment lawsuit, if they counterclaim to exercise redemption rights, they will also have to pay your legal fees for the ejectment in addition to the regular charges. That's ejectment. DO NOT LET ANYONE tell you that eviction can be used.


Originally posted by @Denise Evans :

@David Tubesing is correct.  If you have only a tax certificate, you must give written notice to vacate, and then wait 6 months before you can file your ejectment lawsuit.  I recommend giving the notice in a very non-threatening manner, hand written on a note card, and politely asking the person to contact you to make arrangements to either vacate or rent the property. If they contact you, that's good. If they ignore you, at least they will probably not trash the property, because they won't view you as a threat.  When you file the ejectment lawsuit, if they counterclaim to exercise redemption rights, they will also have to pay your legal fees for the ejectment in addition to the regular charges. That's ejectment. DO NOT LET ANYONE tell you that eviction can be used.

 I hate to ask this.. but do you have any suggestions for wording on this note? 

I like the idea of the post card, and I assume this counts as written notice?

@David Tubesing   "Dear Tommy Taxpayer, I purchased the tax certificate for your property.  I'm sure you know that you can redeem for three years after the auction. But, the law says the buyer is entitled to possession until you do redeem. It is not my desire to make any trouble. I understand about these things. But, you will  need to either sign a lease with me or vacate the property until you redeem.  I am sure we can agree on a very modest rent, and allow you to remain in your home.  Please call me as soon as possible.

Thanks for the great response. I will write a note as you suggested Denise. It's a small pull behind camper not a permanent structure that is parked on the property. He probably isn't the owner of the property.

TALK-----go talk to him.....friendly.   Find out if he has a lease.  Does he want to stay or go?  Maybe you want him to stay and pay rent?  Keep an eye on the place.   Some people will leave peacefully and easily if you want them to and ask them to do so.   Make it win win for everyone.