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Question
Posted by: Kate | 2012/10/01

Stress

Hi Cs
Let me start by saying that to me I think I hardly stress about things. It does not hlep much in any situation in anycase.

Right now I know I''m stressing! Reason being, we recently purchased a house. Bond payments went off last month and we are left totally broke. Problem, we renting aswel. The previous owner does not want to move even though he sold the house to us as it was going to be repo''d. We paying attorney fees and the eviction process as legal aid would not assist us as we do not earn under 5k combined.

The attornyes have let us know that this could take 2-3months maybe even longer. Therein lies our problem, how do we manage rent, bond, living expenses, legal expenses etc etc
We already just spent 17k on the previous attorneys tranfer cost for the house. The money we will be using to get this guy evicted is what we have saved to get the basics we are going to need for our house and get it in living conditon.
We have been informed it could cost up to 20k, 5k if he does not object which he surely will.

So out goes all our plans and it seems we will be starting from scratch. We do not earn much and our families cannot assist where finance is concerned.
Even though we are giving our last for the eviction, we would be happy if we could move in sorner as this would at least cut out our current rent. The police has said we should move in with this guy but that is not an option to us, he has even refused us entry into our own home. We hoping the police would assist in that regard as we would like to start cleaning up the place while the eviction is in progress and prepare for us moving in.

I just feel so helpless and down. I mean seriously it just seems like bad thing happen to good people and good things to bad people. Life is so unfair at times, just needed to vent I guess.

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Our expert says:
Expert ImageCyberShrink

Sounds like you folks didnt effectively think this through, if buying and renting leaves you with no cash for other necessities. OK< apparently the previous owner is behaving irresponsibly and possibly even illegally, but that's a matter for proper legal advice.
Presumably you and your attorney have discussed this with the bank, which might possibly be able to propose a way of helping. Especially if it was the bank to whom the previous tenant was supposed to be paying for his bond, they may understand that he is a deadbeat, and let you have a short holiday from bond payments while this gets sorted out, after which you may get the court to order the deadbeat to repay you the extra bond payments as well as all other expenses.
If you have legally bought this home, HE is the illegal occupier - couldn't the police help to evict hiom and arrest him for trespass in a home that doesn't belong to him ? You could arrange to have all the locks changed as soon as he is taken off to the police station to be charged, and dump all his belongings out into the garden or sidewalk for him to collect later. Maybe the court can provide an urgent , emergency eviction order pending a more detailed hearing, and this would help to enforce his eviction.
I wonder how qwerty's idea might work ? Does this guy have any other alternatives ( like moving back with his family ) which could be encouraged ?

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Our users say:
Posted by: Kate | 2012/10/01

We have actually offered him 20k to move but he refused. I guess he thinks he stands a better chance with the law. He will be staying in there for as long as we get an eviction and he is dragged out of the house.

The other options are totally against the law but we have given it some thought, He knows his rights and I doubt he''d give up that easily. He knows we cannot just throw him out.

Also we cannot even get in how are we going to get nigerians in lol Then we will have to evict the nigerians lol!
If it were that easy i would def. procure some today and have him evicted tomorrow. His family also want nothing to do with him.

Reply to Kate
Posted by: Lils | 2012/10/01

Why don''t you just get a few nigerian guys to break his knee-caps and help him move??? Won''t cost you a quarter of what the attorneys are planning on charging you without a guarantee and that way he''ll not only learn a lesson but you''ll be able to move in within a few day!!! Trust me sweeti, it works!!! But be reasonable here - let him know that you have " friends"  who will be more than willing to help him move  )

Reply to Lils
Posted by: qwerty | 2012/10/01

So it''ll cost you somewhere between 5K and 20K to get the guy out? Go to him directly, and offer him say 10K to get out by a particular date. He knows he''ll eventually have to leave anyway, but this way at least he gets something out, and it saves you the effort and legal fees of evicting him.

Just a thought.

Reply to qwerty
Posted by: cybershrink | 2012/10/01

Sounds like you folks didnt effectively think this through, if buying and renting leaves you with no cash for other necessities. OK< apparently the previous owner is behaving irresponsibly and possibly even illegally, but that's a matter for proper legal advice.
Presumably you and your attorney have discussed this with the bank, which might possibly be able to propose a way of helping. Especially if it was the bank to whom the previous tenant was supposed to be paying for his bond, they may understand that he is a deadbeat, and let you have a short holiday from bond payments while this gets sorted out, after which you may get the court to order the deadbeat to repay you the extra bond payments as well as all other expenses.
If you have legally bought this home, HE is the illegal occupier - couldn't the police help to evict hiom and arrest him for trespass in a home that doesn't belong to him ? You could arrange to have all the locks changed as soon as he is taken off to the police station to be charged, and dump all his belongings out into the garden or sidewalk for him to collect later. Maybe the court can provide an urgent , emergency eviction order pending a more detailed hearing, and this would help to enforce his eviction.
I wonder how qwerty's idea might work ? Does this guy have any other alternatives ( like moving back with his family ) which could be encouraged ?

Reply to cybershrink

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