Posted by Barbara Murdock on October 04, 1996 at 00:01:25:
In Reply to: Re: verbal 1 year lease posted by TenantNet on October 03, 1996 at 23:40:07:
: : We have been living in house my mother ownes for 15 years.
: : all this time we were paying rent. My sister decided to buy
: : my mothers second home, when the deal went sour due to our
: : third sister and our mothers health worsening. the third sister
: : took over the deal and wanted more money for the house. the
: : house was appraised at 246,000 and she wanted 300,000.
: : I suggested a second appraisel and thats when my sister
: : decided to get us out of this house. January 96 my husband
: : had been off work for 5 years and had 4 back surgeries and
: : had not been released from workers comp. My mother suggested
: : we not pay her rent until we were back on our feet. Now we
: : are forced to file a chapter 7 bankruptcy. And they decide
: : to give us a 3 day or quit notice. And threaten eviction.
: : The agreement was for as long as needed, and why get it in
: : writing is was my mother after all. If we move the house is
: : uninhabbitable due to we have lived without heat and insufficiant
: : hot water, and leaky windows. Is the verbal agreement binding.
: Depends on many things including the state you are in and the local
: laws. If your mother still owns the house, only she can file to
: evict you (not your sister). But you're getting into issues of
: contract law, issues of waiver of all the rent, etc. I suggest you
: speak with a local attorney who can give you better advice.
: If you are in New York, the Statute of Frauds provides that a oral lease
: of a term of less than one year is enforceable where for one year or
: more is not. (General Obligation Law section 5-703). Your state may
: have something similar. On the other hand, if you improved the property
: that may possibly be construed as "substantial part performance" and
: possibly remove the one-year limitation of the Statute of Frauds.
We live in california. My mother still owns the home. And we can't get
a straight awnser from her lawyer as to who is pushing the eviction.
My mother refuses to return our requests for a reply. She has changed her
phone #, and won't answer the door if we go to her house. She hasn't
acknowlege the uninhabitability issues. The last comunication I had
was Fathers day at the cemetary, she said not to worry about anything.
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