Contract for Deed

[D_Chacon]

What is the name of your state (only U.S. law)? VA

I sold my pervious home via a Contract for Deed using a 3rd party management company. I’m having problems with the tenant/buyer not paying. The Pay or Vacate notice has gone out and they have until 6/6/11 to pay or I file for eviction. The contract allows for me to evict them for nonpayment and it specifies that they will be held accountable for all legal fees associated with the eviction.

My questions are as follows:

1. If they make payment in full during the eviction process is it true that it will “cancel” the eviction? (The management company says that they will not reject any payments and once the payment is made in full it will cancel the eviction).
2. If I’ve already started the eviction process and paid a lawyer to file for the eviction and the eviction is canceled because the tenant/buyer pays in full – can I still hold them [the tenant/buyer] accountable for all of my expenses having to do with the eviction (even if it was canceled)? I’m assuming that I can because if they don’t pay on time I have the right to file for eviction so it’s their fault that I have the added expenses associated with the eviction, but I wanted to make sure.

The management company has lawyers that can file for the eviction, but when I try to get answers to some of my questions the management company is very limited in what they say and they are adamant that they don’t want to evict (they want to remarket while the buyer/tenant is still living there). I think this is because they want to make sure that I continue to market my house with their company and at this point I don’t trust everything they say (so I’m looking for another opinion).

I understand that I will have to hire a lawyer to help with the eviction, but it’s going to be expense and at this point I’m not sure if I will use the management companies lawyer or hire my own lawyer so I was hoping to get a better understanding of the law before I move forward with the eviction.

Thanks.What is the name of your state (only U.S. law)?