All Forum Posts by: Erin Bonsell

The loophole...insert embarrassing emoji face here!!! 😊 Hopefully the group can appreciate that we are still learning! There was double language. The lease is a year lease and if no new contract signed it reverts to month to month.  There was a specific event that prompted the need for eviction and 30 day notice was given.  The tenants lawyer was able to argue that the lease automatically renewed for another year. The judge agreed that it became month to month. The tenant was able to appeal, and continues to do so. We have moved beyond the magistrate now and have a hearing at our county courthouse next week for back fees and possession although we already were awarded possession at our last hearing. Crazy that we have to be awarded possession on a house we own!   I recently learned about cash for keys on a Bigger Pockets podcast but we were too far along in the process for that and I honestly think he would not take the offer. I appreciate all the feedback. And...we have a much cleaner process for tenant selection and our new lease is 300% better. 

There was never a new lease signed. His lawyer successfully argued that it would move to month to month and a new notice needed sent to vacate. That came and went, even when we were granted possession, as he has just continued to appeal at every step. The duplex is located in Tyrone, PA so any recommendations you have are more than welcomed! Our current lawyer was recommended by a family member but does not necessarily specialize in evictions. 

First, let me say that I am so thankful to have Bigger Pockets as a resource! We have a new family business in real estate investing, rentals and flipping houses.  We continue to learn with every adventure. We have a tenant that we started the eviction process for a year ago. His lease was to end August 2018. He appealed. His lawyer found a loophole in the lease. Trust me when I say that this won’t be a problem in the future! However, our lawyer assured us that through the appeal process he would leave. He has not even begun to pack a single box. So now we are a year later, have given 120 day notice, 90 day notice and 30 day notice and still has not left. It is a nice apartment but not that nice!  I do not feel our lawyer is acting in our best interest. The tenant has continued to pay rent to the court but he is also harassing the other tenants in the duplex, he records every interaction at the property and is becoming  a safety concern for all involved. What other options do we have at this point?