Lease Problems?

Question

I have a very complex problem. My father owns property in SC he has had a couple living in that property for 10 years while he has lived in another state. My father can not remember if there is an agreement to lease the property or not. However he has asked no payments for 5 years but has asked for the couple to fix the property up. After 5 years he did request rent but only received one payment. Recently my father gave them a notice to vacate giving them over 30 days to vacate the property. She has stated that she will refuse to leave and will no longer be in contact with us. She sent my father a letter telling him she would leave in December and would expect a certified check in the amount of $37,000. We can only assume that she is claiming this is the cost of the repairs she has done on the property. She however has never given receipts for the repairs even when asked. Does she have rights to this property? Can he evict her? Even if there is a lease can it last for 10 years? Thanks!

Answer 1

I would call them out on it, first talk to a lawyer but engaging one right now will just add to over all cost, i might be worth to

(1) file in landlord tenant court for eviction, doubt they could produce a signed ten year lease at best was a year which now would be month to month or no lease thus verbal and month to month, give proper one month notice of ending lease, no reason need to be given and file in the local county clerk house

(2) the 37K she is claiming I would wait to first she gets a lawyer to take the case, not only write a letter no big deal they do it all the time to scare people, now pay attention to mail after letter if he/she actually files and you are served, then you need a lawyer

on the 37K do not worry about landlord/tenant court they have no jurisdiction over that amount, for her that amount in damage takes it out of small claims and many have lower civil court , and places the litigation in full civil court, much monies to litigate no lawyer will take it on retainer, she will need a sizable down payment to lawyer so call her bluff and file for evicton

Answer 2

I agree, get a lawyer immediately, one who is licensed in SC.

That being said. I have never seen a residential lease written that lasts more than one year. Usually, there is a clause stating that in the absence of a new lease, the terms of that lease are to be continued on a month to month basis.

Hopefully, the notice to vacate was sent via Certified mail so you have proof of delivery. he is certainly in luck with the tenant responding in writing, so you have some proof they received notice. Your father, as soon as the 30 days are up, SHOULD be able to go to the County Sheriff, and have the people physically removed.

If there is no contract between your father and the tenants concerning repairs to the property, I BELIEVE the cost of any repairs in excess of rent owed are considered an unsolicited gift, which your father is not required to reimburse them for.

Answer 3

Yes he can evict her and there might not have been a written contract however a verbal one is as binding in a court of law. If she agreed to fix the place up and she hasn't paid rent then she really can't do anything. Your father needs to keep everything documented and make sure he follows the law to the tee when he files eviction papers. She doesn't own the property so she has no legal right to it. A lease can last for as long as the property owner wants it to. He will need to renew the lease every so often to keep it up to date.

Answer 4

If he owns the property and they are living there with permission, then they can live there but if they only had a lease for a year, that lease is only good for a year. If your father didn't terminate the lease, then they can live there.

You need a lawyer and to go to court and sort it out. She shouldn't be able to make you pay 37,000 if she hasn't been paying rent at all, certainly.

And why would she have rights?

Seek legal help

Answer 5

No lease ever lasts no 10yrs a lease has to be renewed each year.But Your Dad shouldn't of let them live there rent free even though they were fixing things up there if this went to court she would loose because after all 5yrs Free Rent Wow.I have Tendants & they fix things as needed & they pay their rent so she was just using this situation to be a Bum..What other excuse is there..Contact a Lawyer You'll get them out sooner without paying them one dime I'm sure of it.How much was the rent & times that by 5yrs & tell her that's what she owes reguardless.I'll bet ya it's more then $37,000.00 she should consider herself lucky she had such a nice landlord

Answer 6

I would definitely call a lawyer in the state where the property is located. Has your dad been paying the propety taxes? I hope so because if not, I would be worrying about whether the people living there can now claim ownership of the property.

Answer 7

interpreting between the strains (honest is merely over, you employ 3 months beforehand the honest), it feels like your dad and mom in ordinary words choose you leasing in the course of the summer season, then end the employ beforehand college begins. How are your grades? Do you're taking section in relatives events and chores without grievance? Do you've time on Thursday nights to do this? Are there frequently checks on Friday? imagine those issues over, and imagine of a thanks to ask your dad and mom if this can be the difficulty. do not say "Why won't be able to we employ the completed 365 days?" "Why" is not in any respect a thanks to commence, inspite of better of attentions, it feels like an difficulty. If what i'm asserting sounds real looking, possibly make that wager...."Are you apprehensive that the horse will make me fail in college?" word of caution, in case your grades are already borderline, you've gotten a lost reason on your fingers. freshen up your grades, help out around the homestead, and attempt lower back next 365 days.

Answer 8

who has been paying the taxes? In his name or their name. If in their name they may be claiming some sort of adverse possession., See a lawyer right away. (Use by permission of the owner never constitutes adverse possession though and he can legally allow people to use his property without rent and with out losing his title.

Answer 9

He can certainly evict her, and he better go look at it if possible. I suspect that it is probably not worth much now. My wife and I had to burn a property we had after dishonest people lived in it.

Answer 10

Get a lawyer immediately.