I bought my grandparent's home in May of 2001 to keep it from being lost due to my grandfather's mismanagement. After the sale, he continued to reside at the property and paid rent to me as a tenant.
He is now contesting the sale of the home, stating that he thought he was only refinancing the house. I need to know who owns the house while the case awaits trial, as I am being told by his attorneys that he is entitled to heat, water, since he is still a tenant, while after calling the police to keep him from moving people into the house (who I will eventually have to evict), I was told he was entitled to do so since was contesting the sale of the house, and technically has the rights as an owner. Help!
P. S. I live in New York City, where the law favours the tenant and not the landlord, the senior citizen and not the thirty-year old.
P. S. S. I do not want to sell the house or give it back, as he has no means to pay for it, and it would only end in foreclosure.
2007-03-05 10:08:04 · 7 answers · asked by liheibao 2 in Business & Finance ➔ Renting & Real Estate
Offer to give him back a "life estate". This gives him legal ownership of the home and exclusive rights to it for his lifetime, after which ownership would revert back to you. He would not be able to encumber the property and this will also put the management of the property on his plate.
Remember, he feels you took advantage of him, so you may have to eat a little crow to allow him to save face. Its a difficult thing to accept when you get to the point where you can't take care of yourself. Try to deal with him with a spirit of compassion - be as generous with him as you can bear. Doing the right thing for him may not be easy or popular. Make sure you are doing this for the RIGHT REASONS.
2007-03-05 10:19:51 · answer #1 · answered by sdmike 5 · 1⤊ 0⤋
For starters, as a landlord, it is your responsibility to make sure your tenants have heat or the means to have heat in the winter. For example, I own a rental house in WV, but other than electric, the heat is via propane. I am not responsible for buying propane, but providing the tanks for that purpose. There are 2 gas fireplaces that heat the house that I lease from the gas company for that purpose. But it is up to the tenant to arrange for the delivery and payment of the propane he uses/needs. If the house were all electric, it would be up to me to make sure he has working baseboards or or space heaters but it is his responsibility to pay the electric bill.
Second, as a tenant, he has the right to invite whomever he wants to move in with him - unless you have a written rental agreement that states otherwise. I have such a clause in my rental agreements - each additional person moving into the house adds $75 to the rent owed each month. I put the clause in there because it's a 3-room house and I didn't want someone to move in and then invite all his buddies to move in there with him.
Third, if you bought the house legally and in full, you should have the deed in your hand. If you don't, the courts will side with the person holding the deed. Nobody signs a deed over to someone else thinking they are only refinancing their house. I wouldn't - would you?
Fourth, why would you want your father to live in a house with no running water? And yes, that is the owner or landlord's responsibility to make sure your tenants have plumbing and running water.
2007-03-05 18:37:39 · answer #2 · answered by north79004487 5 · 0⤊ 0⤋
Since you actually bought the house in 2001, it is yours unless/until a court says that its not.
Do you have a lease with your grandfather? If not, I would highly recommend you get a lease that clearly states who is responsible for what expenses. A lease would also list who can legally reside in the home. My first lease stated that I could not have anyone not listed on the lease living in the home and that anyone visiting for more than 2 weeks was to be considered living there. That makes it easier for a landlord to remove undesirables from his property.
As for the police, they aren't going to be much help to you. They have limited power and need legal documentation to be able to help you. Another good reason to have a lease.
2007-03-05 18:20:45 · answer #3 · answered by Melanie J 5 · 0⤊ 1⤋
So the sale was final in 2001? Then it should be your's. Call an attorney.
2007-03-05 18:12:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
did you record the sale with the county? Did you actually pay him a fair price? Got records? Is anything in writing? Get a real Estate Laywer.
2007-03-05 18:30:23 · answer #5 · answered by zocko 5 · 0⤊ 1⤋
Get an attorney--and hopefully you, too, have learned to never again do something "nice" for family, it will come back and slap you in the face eventually.....
2007-03-05 18:18:03 · answer #6 · answered by beetlejuice49423 5 · 0⤊ 0⤋
who has the deed? and in whos name is it?
2007-03-05 19:10:21 · answer #7 · answered by swimmyfishy 4 · 0⤊ 0⤋