[FL] [FL] Can I evict a seller refusing to move after an owner-financed sale?
I’m buying a house from an individual. We did owner financing through a title company. Now he’s refusing to take the payment and refusing to move.
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- The agreement controls payment method/timing, remedies, and when you get possession; a lawyer should review it.
- Since he’s not accepting payment, document all tender attempts (e.g., certified mail) and consider escrow to show you’re ready and able to pay.
- Because title is in your name, he may be a holdover occupant; you’ll likely need to use Florida’s eviction process rather than self-help (Title VI, Chapter 82).
- The $27k lien probably secures the seller-financed debt; have those documents reviewed, too.
- Was the cashier’s check a down payment or first monthly payment? Clarify that (§ 673.3101).
- Next steps: counsel can send a demand to accept payment and vacate by a date; if refused, file eviction. Gather deed, finance agreement, lien papers, messages, and payment-proof. Don’t attempt self-eviction.
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I’m buying a house from an individual. We did owner financing through a title company. Now he’s refusing to take the payment and refusing to move.
Lexi, Chatbot
Have you tried discussing it with him?
Yes.
Lexi, Chatbot
Does the owner-finance agreement address payments and possession?
It just says $1,000/month until payoff.
Lexi, Chatbot
Anything else the lawyer should know?
Yes.
Jon
Sorry you’re going through this. Can you share more about the agreement terms and any communications since he refused payment and to move?
What would you like to know?
Jon
What state is the house in?
Florida.
Jon
Have you signed all closing docs with the title company but the prior owner still won’t leave?
He already cashed the cashier’s check.
Jon
Any reason given for refusing to vacate? Have you continued making payments?
This month is the first payment.
Jon
Anything else to add?
The house is in my name with a $27k lien.
Jon
- The agreement controls payment method/timing, remedies, and when you get possession; a lawyer should review it.
- Since he’s not accepting payment, document all tender attempts (e.g., certified mail) and consider escrow to show you’re ready and able to pay.
- Because title is in your name, he may be a holdover occupant; you’ll likely need to use Florida’s eviction process rather than self-help (Title VI, Chapter 82).
- The $27k lien probably secures the seller-financed debt; have those documents reviewed, too.
- Was the cashier’s check a down payment or first monthly payment? Clarify that (§ 673.3101).
- Next steps: counsel can send a demand to accept payment and vacate by a date; if refused, file eviction. Gather deed, finance agreement, lien papers, messages, and payment-proof. Don’t attempt self-eviction.
Okay.
Jon
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