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Hi, I need some legal advice.
Situation:
My used to be tenants bought my house last year, February 2017 and we signed a contract stating a down payment and the balance to be paid in a monthly installments for five years.
I trusted my tenants back then because they seems to be good and sincere people, a couple with two children. I turned the property ownership to them after getting the down payment and them signing the contract of sales. The contract of sales stated a down payment and the terms of balance payment. We're all in good term so far after that.
Their first year of payment with the first 6 months going fine with them paying the monthly due complete and on time. After that, they encountered some problem helping financially a family member going to chemotherapy for cancer and that family member I believe eventually passed away. Their first year of payment ended with a three months unpaid dues. We were okay with that because of their situation.
"My buyer PROMISED that they can get back to paying on time on June of this year 2018." We agreed that the three months unpaid balance will be spread equally without interest (even though initially they proposed to pay with interest, but we declined because of their situation) to be paid in 7 months starting July 2018. They paid as promised on time and in full in June 2018. Then July came, they said their kid was hospitalized and have to delay the payment for that month, and again we understand their situation. Though delayed, they paid their July 2018 due in full in the middle of August 2018.
Then the problem started, as for August 2018, they said they have to delayed payment since they don't the financial capacity to do so. By September 15, 2018, I reminded them of their August 2018 due and they only remit not even half of the amount due. On October 1, I reminded them again of their August 2018 balance and September 2018 due. Again they said they don't have any money to pay us.
I demanded that they paid us the August 2018 balance and September 2018 due. What happened was, the wife blocked me from Messenger though I can still reached her through her mobile number and she requested that we forego payment until the end of the year 2018, then they can concentrate on paying us next year 2019. Does she even have the right to suggest such a thing?
I feel that we were lied upon when they bought our house without us knowing their financial capacity to pay. It deemed that we are at fault for trusting them since they are our tenants for a couple of years that they are always on time when paying their rent.
Now, we no longer hear anything from them unless we texted them. I don't think they have any intention of paying us their past monthly dues nor what they owe us for the rest of the year or probably longer. The money they paid us was used to settle our own financial obligations and my family needs. Now, I am the one in a financial hardship.
What is the next best thing to do? I don't think they will even listen to us if we ask for them to pay since they have already stated that they don't the financial capacity to do so. I want to file charges against them for breach of contract or something since they definitely did broke the agreement of the contract they signed with us.
Situation:
My used to be tenants bought my house last year, February 2017 and we signed a contract stating a down payment and the balance to be paid in a monthly installments for five years.
I trusted my tenants back then because they seems to be good and sincere people, a couple with two children. I turned the property ownership to them after getting the down payment and them signing the contract of sales. The contract of sales stated a down payment and the terms of balance payment. We're all in good term so far after that.
Their first year of payment with the first 6 months going fine with them paying the monthly due complete and on time. After that, they encountered some problem helping financially a family member going to chemotherapy for cancer and that family member I believe eventually passed away. Their first year of payment ended with a three months unpaid dues. We were okay with that because of their situation.
"My buyer PROMISED that they can get back to paying on time on June of this year 2018." We agreed that the three months unpaid balance will be spread equally without interest (even though initially they proposed to pay with interest, but we declined because of their situation) to be paid in 7 months starting July 2018. They paid as promised on time and in full in June 2018. Then July came, they said their kid was hospitalized and have to delay the payment for that month, and again we understand their situation. Though delayed, they paid their July 2018 due in full in the middle of August 2018.
Then the problem started, as for August 2018, they said they have to delayed payment since they don't the financial capacity to do so. By September 15, 2018, I reminded them of their August 2018 due and they only remit not even half of the amount due. On October 1, I reminded them again of their August 2018 balance and September 2018 due. Again they said they don't have any money to pay us.
I demanded that they paid us the August 2018 balance and September 2018 due. What happened was, the wife blocked me from Messenger though I can still reached her through her mobile number and she requested that we forego payment until the end of the year 2018, then they can concentrate on paying us next year 2019. Does she even have the right to suggest such a thing?
I feel that we were lied upon when they bought our house without us knowing their financial capacity to pay. It deemed that we are at fault for trusting them since they are our tenants for a couple of years that they are always on time when paying their rent.
Now, we no longer hear anything from them unless we texted them. I don't think they have any intention of paying us their past monthly dues nor what they owe us for the rest of the year or probably longer. The money they paid us was used to settle our own financial obligations and my family needs. Now, I am the one in a financial hardship.
What is the next best thing to do? I don't think they will even listen to us if we ask for them to pay since they have already stated that they don't the financial capacity to do so. I want to file charges against them for breach of contract or something since they definitely did broke the agreement of the contract they signed with us.
