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Updated over 15 years ago,
Disclosure issue- Seller
Hi All,
I was served with an Answer & Discovery by my nightmare tenant.
BTW-The house is on the market and tenant scared away potential buyers, even though he agreed to a showing, he intimidated them via his very typical way and they said they did not want to see the upstairs or deal with the tenant.
In the Answer, the first claim is tenant states he has annual lease signed inn 2005 that is held over and I can not serve Notice for Possession as in a No Lease situation. Also that I have violated the terms of the lease. He told me he had no lease as did the seller and agent!
I was sold the property with No Lease. I have since questioned the Selling agent (who was also the property manager for the duration of this tenant), she claims NOW that she can't find it.
My agent tried to get all the info including a Lease and was told repeatedly there is No Lease.
Is this a liability issue?
I have the best landlord attorney ( Thanks Dad!) and zip for money. He tells me that I have one of the worst cases, becaue this guy knows what he is doing and set me up. He states I should settle. He also said they will likely ask for $50-70,000, but I will probably end up paying him $5-7,000.
I'm floored! Should I just go to trial? I can't imagine any judge looking at the evidence and stating he can stay or I have to give him a boat load of money.
Thank God he has chilled on the dealing from my home and is starting to keep a lower profile after my last police report. Though nothing is consistent with his behavior.
PS. My lawyer told me that my attorney and realtor did not ask the right questions, though he has represented the selling agent multiple times in evictions.
Any help would be great, this is so tricky and I'm broke.
Thanks
Sandra