I have a question about a lease purchase agreement. "Tenant" has lived there since 2009. Recently a couple issues have

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Customer: I have a question about a lease purchase agreement.
JA: Have there been any other issues with the property during the course of this lease?
Customer: "Tenant" has lived there since 2009. Recently a couple issues have come up that they say are our responsibility to correct. Did not make payments since April until issues are fixed, they moved out last weekend. Not sure whatour next step is to get all of their stuff off the property
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: They are to take care of all maintenance keeping property in good condition.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can think of.
Answered by legalgems in 1 hour 11 months ago
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legalgems
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legalgems, Expert

Welcome! My username is ***** ***** - I've helped thousands of satisfied customers on JA as a licensed attorney.

Legal issues can be confusing so I'll do my best to assist.

It will just take a moment for me to review your question and do the best I can to address your concern!

All information is for general educational information only and a meeting with a local attorney is required to obtain specific legal advice.

Thank you! I look forward to helping you and I hope you will find this site helpful!

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legalgems, Expert

Oh I am so sorry; so this was a lease option to buy?
What state please?
And are you asking if the owner can sue for unpaid rent and the. money owing per the agreement?

Customer
lease to buy. State of Kansas. They moved out last Sunday without asking their house payment in April or May. Today we reached out to find out when they
Customer
We're planning to get the rest of their property. Asked that it be picked up by Monday June 13 or we will dispose of it.. They wrote back and said we better not touch it until we hear from their lawyer. There were a couple words in the text I couldn't understand.
Customer
We are the owner they are the buyer
Customer
We are the sellers
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legalgems, Expert

Thank you. 

I am so sorry;

A constructive trust can be imposed when one party has possession of property that belongs to another.

The personal property owner can sue the possessor for breach of constructive trust and conversion of personal property. This applies for tenant law as well.

This allows the court to issue orders such as:

  1. an order for writ of replevin-ordering the possessor to turn the property over to the property owner
  2. legal fees (reasonable) incurred in the process
  3. money for damages caused to the property, up to the cost of replacement.

I am so very sorry as I know that is a lot to deal with to protect someone's property that did not pay rent.

To avoid liability the possessor can remove the property and place it in a safe storage if the tenant abandoned the property; then the possessor can send an inventory and notice to retrieve by a certain date-usually ten days; and then sell the property if no response, with the net proceeds to the owner.

Please let me know if you need further clarification, and know that I will respond as soon as I can; otherwise I certainly wish you the best on this. Thank you for allowing me to assist you today. Should you have futher questions please don't hesitate to reach out to us here at Just Answer. If you request me I will do my best to get you the legal information you need. Here is a direct link for that https://www.justanswer.com/law/expert-legalgems/ If you decide that you need help applying that information to the specific facts of your case, you can contact the state bar for a referral to a lawyer for an in person consult and they can assist with anything beyond the general information the site allows us to provide. And of course feel free to use your membership by asking any questions to experts in our other forums such as AUTO, MEDICAL, VET etc! Our Just Answer Professionals strive to get the requested information in a prompt manner! Thank you, ***** ***** very best to you. If no further questions I certainly wish you and yours a Safe and Prosperous second half of '22! Thank you!


Customer
Since they have moved out can we advertise the property for sale "tomorrow" or do we have to wait until they take their items (vehicles). They have not turned keys back to us. Are we legally allowed to go into the house?
Customer
We feel like we are being held hostage by them at thus point.
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legalgems, Expert

It depends; a reasonable person would have to determine the property was abandoned. So you would need to make that call based on the cumulative facts. 
In unclear situations like this it is generally best to retain an attorney and have them contact the tenant to determine their intent-it can help from an evidentiary perspective as well. 
The court may, if the ruling is for the landlord, award legal fees as well.

Customer
OK. You have confirmed what we have been thinking. We will be contacting a lawyer in our county on Monday and turn it over to them. When we entered into the transactionwith these people we never thoughtit wouldend like this. I appreciate your time.
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legalgems, Expert

I am so sorry; it must be the stress from covid and the shutdowns and concerns over the economy?? You are I believe the third person that had a long time tenant act out of character, in a negative way, so I am sorry. Please take care!

Please let me know if you need further clarification, and know that I will respond as soon as I can; otherwise I certainly wish you the best on this. Thank you for allowing me to assist you today. Should you have futher questions please don't hesitate to reach out to us here at Just Answer. If you request me I will do my best to get you the legal information you need. Here is a direct link for that https://www.justanswer.com/law/expert-legalgems/ If you decide that you need help applying that information to the specific facts of your case, you can contact the state bar for a referral to a lawyer for an in person consult and they can assist with anything beyond the general information the site allows us to provide. And of course feel free to use your membership by asking any questions to experts in our other forums such as AUTO, MEDICAL, VET etc! Our Just Answer Professionals strive to get the requested information in a prompt manner! Thank you, ***** ***** very best to you. If no further questions I certainly wish you and yours a Safe and Prosperous second half of '22! Thank you!

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legalgems, Expert

Thank you. Have a good night!
Customer
No they decided they were going to make repairs our homeowners insurance was requiring to renew our insurance (in July). So that is how we got where we are.
I hope the rest of your evening is good also.
Customer
They weren't going to make repairs.
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legalgems, Expert

Thank you!
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