Real Estate

Tenancy-Agreemen

Hronek Law, LLC represents clients with regards to residential landlord-tenant matters and residential For Sale By Owner transactions.


Frequently Asked Questions:

I am a Landlord and I don’t have a written lease. How big of a problem is this?

Even without a written lease, you have an oral lease to rent the premises and can still evict a tenant if they do not pay rent. However, it is strongly advised to have a written lease to lay out the other terms upon which you can evict a tenant (i.e. having pets, failure to take care of the appliances, etc.)

How long does it take to evict a tenant?

Typically it takes about 30 days to evict a tenant.

If my tenant leaves items at the property, what do I do?

Usually you need to safeguard the property for a short period of time after they leave the premises, even if you just put the property in an area of the basement or the garage.

Should I sue for money damages because of lost rent and the poor condition of the premises?

This is certainly something you should consider, however, getting a judgment is usually easy – it is collecting the judgment that can be difficult if not impossible.

Do I need Attorney representation?

If you hold title to your rental property in the name of a corporation or limited liability company, yes, this is a requirement. If you hold it in your personal name, no. However, very specific procedures need to be followed when evicting a tenant and using a qualified Attorney will ensure that those procedures are followed and you have a swift eviction.

What is a For Sale by Owner transaction?

This is a sale of a property without the use of a real estate broker.

Should I try to sell my house by owner?

Unless you have a ready buyer, using a qualified broker will put you in front of more potential buyers and will help you list your property at an accurate asking price.

Who is a “ready buyer?”

A ready buyer is usually a relative, friend or neighbor who knows you want to sell your place and you have decided to sell your place to him or her.

Can’t I just transfer title to my “ready buyer” and they pay me what I am asking?

NO! You must have a purchase agreement. First, by law, real estate transactions must be in writing to be enforceable. Also, selling real property is more than just deciding on price and there is a period when the property is inspected and the title deems to be clear of liens. Lastly, when dealing with a personal contact, it is tempting to take a person on their “word.” This may work out just fine, but for the sake of not potentially ruining a good relationship it is very important to put all terms of the deal in writing. That way, if problems arise, the contract is the guide and the relationship does not need to be put in jeopardy.

What are some other ways to sell my property?

If you are having difficulty obtaining a buyer who is either able to pay cash or get mortgage financing, then you can either enter into a “Lease-Purchase Agreement” or a “Land Contract”. Both of these types of contracts have their pros and cons should not be entered into without seeking legal advice.