I haven’t had one of
I haven't had one of those bitchy little entries in a while... so, here goes: Fuck the legal system in the United States. I would absolutely love to embrace the ideal that our justice system works to the benefit of the law abiding citizen. I want to believe that good people are protected and empowered and bad people are discriminated and punished. Yadda yadda yadda... complete and total bullshit. I own a home in Virginia Beach, VA. It's not a mansion. It's not right on the beach with a white sand backyard and crashing waves. It's a modest, contemporary house in a descent neighborhood. I lived there for about 4 years before moving to Houston. I have a little equity in the place and was unsure about selling it, but I knew that I didn't want to float the mortgage for a house with no one in it, so I started looking for tenants. By happenstance, my realtor finds a guy that wants to buy it, but he can't meet what I am asking. I figure that after closing is said and done, I won't make much of anything on it anyway (it costs quite a bit to sell a house), so I lower my asking and he agrees. He can't come up with enough money to close on the house by the closing date, but really needs a roof over his head, so we draw up some paperwork to allow his to take possession (ie. move in) and just pay rent providing he closes by March 2002 (one year... kinda like a lease but you're gonna buy... or, if your Dani, "ya know, it's like steak... but bread"). Anyhoo, I have some troubles with him over the year with late payments and such, but he seems to be interested. We set up a new closing date and he never shows. He didn't have the money. March comes and I have had zero word about his intentions. His agent and/or him have NEVER contacted my agent and/or me regarding ANYTHING related to the house. I'm nervous. This guy is not a good risk. I decide that if he doesn't close in March, I am going to find another tenant. In February/March timeframe, my agent sent notice of my intentions. March 31 comes and goes... no word. I am no lawyer, but in my eyes, this is a breach of contract. The notice sent required that he be out within 10 days of April 1, 2002. Ok, so here's my bitch... he won't leave. Not only will he not leave, but he wants me to give him more time... after the two closing dates he couldn't make because he didn't have the money and the year extension I provided while allowing him to live in the home. To add insult to injury, he is suing me and his agency is suing my agency on grounds on performance saying that we are at fault for him not closing in time. He gave me some postdated checks for the rent, but my council says that if I use them, this can legally be construed as extending the contract, so I didn't... ie. I am paying the rent for him. Ok, so how fucked up is this: he didn't meet his contractual obligation due to some financial difficulties (I feel I have been more than generous in this matter), he won't leave the house because he feels it's my fault he is an irresponsible individual, I can't kick him out without a court order, he is suing me for his own fault trying to play a victim, I can't use his money because it's a trap to get me to appear like I'm agreeing to an extension, I am paying his rent (because I am responsible to the bank for the mortgage)... FUCK! The bottom line is, he's living there for free and there's not a damn thing I can do about it until the court sides with me and suing me in an attempt to play the legal system in his favor, trying to make me look like the bad guy. Meanwhile, I have to retain a litigation attorney and pay and exorbitant amount of money to defend myself when *I* am the one getting fucked over here. Unbelievable... let me step off my soapbox before I slip and twist an ankle and the manufacturer of the soap sues me for using their box to hurt myself.
I know this guy up in Jersey named Vinnie. He can help you out - no questions asked…
;-)
hell, vinnie’s my neighbor in jersey city… we’ll head down to V.B. and i can release the road rage i have had building up in me over the past week and a half!!!!
man, that does stink to high heaven though… crikey.
OUCH. that’s quite a predicament you’re in. hope it all works out soon enough and that bastard gets what he deserves. (he will get it if you send that vinnie fella over there.) ;)
Legally evict him; I’ll bet you mas cervezas he drops the lawsuit. Then make him pay your attorneys fees for filing a frivolous lawsuit.
alas… i tried. apparently, you must follow through all the court hooptidoo and have a court order to evict… so, until the judge tells the sheriff to throw his shiznit out on the street, i am stuck paying my lawyer’s mercedes payment
Two words two times:
Road Trip, Louisville Slugger
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