what does it mean when a judge says that he cannot hear an eviction on a rent with option case, that it can only be heard in foreclosure.
2 Answers from Attorneys
I would have to speak with you more about your situation to give a proper answer.
It means that the lease has elements of a land sale contract. The tenant has an equity of redemption in the property, like a mortgagor. Instead of a summary proceeding to recover possession, you need to bring a plenary supreme Court action to terminate the lease and foreclose the equity.