I live in a family members house and I have been making repairs to the house. We never discussed any payments for the house, when I moved in the house was in bad shape and she told me that if I fixed it up then I could stay here. Today December 20th I get a letter in my mailbox from her stating that if I plan to stay here any longer I need to pay rent or be out by January 1st. The letter does not mention any rent amount that she expects for me to pay-is this legal or does she have to provide me with a 30 day notice?
2006-12-20 13:34:25 · 6 answers · asked by dallas_hotty 1 in Business & Finance ➔ Renting & Real Estate
If you have no written agreement I believe she can ask you to leave. Though it is most unkind of her to do so in this manner.
You should perhaps contact her to find out what rent she requires. If you can afford it and want to stay get it in writing and do no further repairs. You could also make a counter offer of a lesser dollar amount with a specified number of hours of work per month added on to make up the difference. If you ellect to do this keep your work well documented so that you can prove your efforts should the need arrise.
Also if you had documented the work you had done i.e. hours worked, supplies bought, etc. and if that amount per month would equal a reasonable rent then you could possibly go to small claims court and request a judgement from the court in the amount of one months rent for the incovenience of being evicted without any proper notice. If you have documented your work as youwent along try to reconstruct this record from memory using receipts and your best recollection of time spent working.
Do you do construction for a living? Is your work up to professional level standards? Was the house suitable for renting at the time you moved in?
If it was assess an hourly wage against the time worked to give it a monitary value. Add to this amount to any money spent out of pocket per month on repairs. And if you had anyone help help you in your work add their time as labor cost as well.
Also check rents in the area for similar sized houses in similar condition.
Doing these things will give you a better idea of whether you were living there at/above/or below normal rental value of the place when you moved in.
Only the value of the move in rent price is of concern as she probably offered the space because she could not rent it in the condition it was in.
If the work you did was in excess of the reasonable rent of the house when you moved in you could also ask for the difference left over after the reasonable rent would have been assessed each month and add that to the one months rent you might request in small claims court.
Small claims court does cost money for filing fees etc. but no lawers are permitted to represent individuals in small claims matters. I think filing fees are around $75-$100.
This action is likely to cause irrevocable friction in your family so think this fact through carefully before pursuing legal action.
And in the meantime look for a new place to live.
FYI: Do not give her cause to call the police to have you evicted.
When you go into court you want to appear as the totally wronged and more reasonable party in the matter. Always remain calm but self assured yet not cocky.
Your position is that you have done her a great service with inequitable compensation in return. Only then to be sent a letter of eviction right before Christmas.
You have an horrible can of worms sitting in front of you. The question is do you want to open it?
It could yield you a little money but is it worth the time and trouble.
Good luck.
2006-12-20 14:11:38 · answer #1 · answered by octopussy 3 · 1⤊ 0⤋
If you have any proof that you reside within that house permanently such as a bill in your name, any type of mail addressed to you and items within the home that you can prove are yours, she must go through the court to remove you from the residence. Your one mistake was not getting an agreement of the repairs to be made with an estimation included of what they would cost. My suggestion to you would be to take pictures. If the house is proven to be out of "Statutory Covenant of Habitability" she can be sued for renting or in your case allowing anyone to live it. Also make out a full estimate of the work to be done and the work you have done. Do expect not to receive any compensation for the work you have done thus far. Lest the judge be super sympathetic, he/she will also tell you to always "Get it in writing". The other end and possibly brighter side is the "Buyer beware clause". This may or may not benefit you, depending on whether you can prove there was any agreement at all set in motion to begin with. Search out any information, such as previous contractor estimates, adds in the paper she may have made, check phone bills if you have access to that type of information of hers to retrieve contractor #'s.
Most of all always believe WHERE THERE IS A WILL THERE IS A WAY.
Merry Christmas and may God guide and Bless your way
nicci
2006-12-20 15:17:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Sounds like you have been paying rent in kind. One would think she would have to tell you the rent in advance. This is attorney territory, if only to keep a roof over your head until you find something better. I do not think I would like to stay in a property owned by a family member who is being so unreasonable.
2006-12-20 13:39:02 · answer #3 · answered by skip 6 · 0⤊ 0⤋
I believe there is supposed to be a 30-day notice. It is usually sent via certified mail or sheriff, for proof of delivery. After that, they can change the locks. Finally, they can either throw all your stuff out so you can get it, or keep it.
But ask your local sheriffs office. They can tell you the "proper" way it is done.
Get EVERYTHING in writing.
2006-12-20 13:46:34 · answer #4 · answered by sven_kirk 2 · 0⤊ 0⤋
why don't you call her up and ask her. you havent mention how long you,ve been there. but find out how much she wants, and from now on tell her if anything has to be fix, she hires someone or take the amount of what its gonna cost out of your rent. and i would have it all in writing, and get it noterized.
2006-12-20 13:45:18 · answer #5 · answered by misty blue 6 · 0⤊ 0⤋
no it not... u are a resident and recide there , she has to get a court order to evict u, my advise is to sit down and talk to her to keep the peace. she is probably having financial problems due to the holidays just like everyone else. im sure it will work out unless u did some thing to offend her like invading her privacy. good luck and keep the peace
2006-12-20 13:41:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋