Legal Question in Real Estate Law in Virginia

I would like to know if I can ask the tenants of property that is in my name to vacate the property? Here is the situation, I purchased a mobile home with 2 acres of land. I changed my job and moved, so I decided to rent-to-own this property. Back in 2001, I signed a contract with the tenants and to my understanding they have broken the contract. I ask them to assume the loan and within 6 months have the property in their own name. As of today it is still in my name and they have been late with payments. Some of them more than 30 days late. I recently filed bankruptcy and the courts were not interested in the property but I would like to get it back. The contract states that "should default be made by the purchaser in the payment of any part of the aforesaid indebtedness to the seller, which default should continue for a period of thirty days from its inception, seller shall have the right and power to declare this contract breached and void at their election and the said property at the time of default and all payments by the purchaser to the sellers hereunder shall be forfeited to the sellers as rental for the use of the premises."
Does that paragraph mean that since they were more than 30 days late making the monthly payment, the contract is broken?

Asked on 9/18/12, 6:38 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Sure, you could ask them to vacate but without a court order requiring

such action on their part, you would have no way to make your request

mandatory and enforceable at law (my opinion).

Answered on 9/19/12, 8:02 am

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