OK, I am 16 years old. About 7 months ago my family began to rent to buy from my aunt (decesed uncles ex wife) who was moving to Florida with her new boyfriend. As she was moving out we constructed a fence on the acre of property we were about to buy. We also had a dog, who as we were building the fence scratched her daughter (not a big deal). A couple months go by were make plenty of improvments, she makes a few visits and see these improvements. About 2 months ago we purchased two more dogs. One a full breed boxer, and a german sheperd who is a wolf hibred (25% wolf). Three weeks ago Anita (my aunt) broke up with her boyfriend and moved back to Louisiana. Yesterday we recieved a call from her saying that we have violated our lease by having dangerous dogs in the home and making improvments. She is filling to have us efficted tommorrow. All she wants is her house back, but this is our home now. Can she really do this and get away with it. Its not right. please help me!
2007-01-17 15:20:46 · 23 answers · asked by ? 1 in Politics & Government ➔ Law & Ethics
yes there are papers. they state that we cannot make any improvments to the home. But she knew about them, she watched us build the fence. She knew about everything. But she didnt care then.
2007-01-17 15:26:34 · update #1
The contract said nothing about dogs, her only problem with them was that she said her insurance might drop her. But my mom and dad said they would get new insurance and just put her on it.
2007-01-17 15:28:12 · update #2
they even said they would get rid of the dogs
2007-01-17 15:31:08 · update #3
Tell you parents to have a real estate lawyer look over the lease to own documents. It is probably legal for her to return to her home and legally evict your family and she probably doesnot need to make up story about your dogs. She can potentially make you get rid of you dog if she had a clause in her lease regarding dogs, but I doubt she did.
Look at the "landlord tenant laws for you state, here is a link to some info I found for you:
http://209.85.165.104/search?q=cache:h3kQZQA7j2MJ:legalassistance.law.af.mil/content/legal_assistance/cp/louisiana_landlord_tenant_law.pdf+%22landlord+tenant+law%22+Louisiana&hl=en&gl=us&ct=clnk&cd=7
But I would tell you parents to let her try to evict you do not just give in. Investigate and fight back. She just want's you out so she can move back in. It is still her home so I am not sure why she does not just give you 30 days notice to move out. I assume the lease does not allow her to do this as soon as she would like it to. Or the rent to own lease to own is strongly in your families favor. So fight back and good luck. DO your homework and investigate your families rights. But be careful make sure rent is paid on time and that your family makes not mistakes she can use against you.
Peace and again good luck.
P.S. It is time to look for another home as well though, but if a percentage of the rent was to be applied towards the down payment you family may be able to sue to have that amont returned.
2007-01-17 15:39:31 · answer #1 · answered by Kdude 4 · 0⤊ 0⤋
She can evict you if it says in the signed lease agreement that your family could not have dogs or could not make improvements. However...even if she files to have your family evicted...there has to be written and verbal notice given to you first...then if you don't vacate she can file papers for eviction which will take an additional 30 days. Legally she has to allow for 30 days for you to find a new place. It will be very difficult with pets tho. I feel badly for you and your family but sometimes people (even relatives) cannot be trusted to do the right things.
2007-01-17 15:28:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Unfortunately if your parents did not have a lease with her, she can start eviction proceedings for whatever reason she dreams up. If your parents do have a lease, then you will be able to live in the house till it is up, but she has the options to renew it. Since there were improvements made to the property without her written consent, then the lease has been broken. She can`t just kick your family out without proper notice giving you a 30 day notice to vacate in most cases.
2007-01-17 15:26:08 · answer #3 · answered by Sparkles 7 · 0⤊ 1⤋
It all comes down to paperwork.
Did you guys write down and sign any kind of agreement?
If not it's pretty much your word versus her's. But I know one thing for certain. If you can prove you've been living there and paying the bills then she will legally have to give you 30 days to leave. Beyond that I don't know much.
One other option is you could goto small claims court and your parents could sue your aunt for the improvements you made and rental payments you made.
Depends what kind of proof you have to support your case.
2007-01-17 15:30:27 · answer #4 · answered by Kurius_Kitten 4 · 0⤊ 0⤋
You won't like my answer, but here goes:
It's not your house (yet). You're renting to buy, NOT buying.
About the scratch, I don't know, I was not there, but I imagine you say no big deal because you were not the one injured.
You need to check your local dog-bite laws, but where I'm from, the property owner is likely liable. Again, that's her, not you...you're still renting.
I hope things work out for the best. Good luck.
2007-01-17 15:30:53 · answer #5 · answered by Voice_Of_Reason 5 · 0⤊ 0⤋
Read the terms of your lease. If it says that you weren't allowed to make alterations during it, then you are in violation and you can be evicted.
Morally right and legally right aren't always the same thing. If you don't have a written agreement stating that the alterations you made were approved by her, then you are legally in the wrong for having made them.
2007-01-17 15:26:31 · answer #6 · answered by marklemoore 6 · 0⤊ 0⤋
If it's in the "lease-to-own" agreement, then she has a "legal right" to do it. However, I am fairly certain that there should be some tenant laws in place to protect you to some degree, but it would be best to consult an attorney about it. The attorney would be familiar with state and local laws and could advise you best.
2007-01-17 15:25:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
All you need to worry about is if she got it in writign. If you guys signed a lease or paer that specifically says that you cant have those types of dogs or dogs at all, then she is right and can have you possible evicted if those were part of the terms. Have your parents hire a lawyer.
2007-01-17 15:24:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I think you blew it when you went against the papers. The big white trash dogs are a no-brainer on someone else's property, which it still is, until you pay it off. You probably made her worried that you would wreck the place, make changes that would make it un-saleble, and then not be able to finish paying for the house. Never do business with family!
2007-01-17 15:29:04 · answer #9 · answered by Kacky 7 · 0⤊ 2⤋
read the agreement
and if the dogs are indeed under the dangerous catagory, you'll still be able to stay there minus the dogs...
plus the fact that she sold her house under the rent/buy agreement
therefore, thoughroughly read the agreement and consult a lawyer for 2nd confirmation
if she sue's and you counter it, and if the agreement is on your side, she'll pay for her own house for you to live in and for attemted psycological abuse..
2007-01-17 15:28:17 · answer #10 · answered by Arez 3 · 0⤊ 0⤋