Oral Contract -- free life rent -- now eviction

[astralis]

What is the name of your state? West Virginia

I am writing this on behalf of someone. The following are the facts as I understand them.

Man and woman lived together for 10 years as partners on the male's family property that was placed in a family trust so he did not own it and if anything would happen to him it was understood that the family would take control of the property.

West Virginia does not accept common law marriages.

A few years ago the man developed cancer and his partner was a nurse and she took care of him. Eventually the cancer became aggressive and the woman took care of him and stopped working for a little over one year.

Throughout their parntership they both shared in the duties of taking care of the house but as his cancer developed the woman eventually paid all expenses, including putting a roof on the house, and paid all the taxes. The house, though, has always been in a poor state of repair.

Eventually he died. On the last day of his life they were planning to get married and everyone was very happy, including his family who always wanted them to get married. But on the last day of his life he suffered a seizure and never woke from it because of the drug-induced sleep he was put in and therefore the marriage never took place. This happened while he was in hospice. He was of sound mind although he would have hallucinations on occasion (the cancer made its way to the brain) but these were rare.

Upon his death, the family told the woman that she can continue to live at the house for life but she would be responsible for the taxes. It wasn't clear who would be responsible for maintenance. Nothing was done in writing. The man's heirs include two sons who are estranged and five sisters.

As Fall became Winter there became a problem with the heating and the gas company had to come out and do repairs. When the gas company showed up they would not make repairs because of the state of the pipes on the property and they shut off the gas in the middle of the Winter. The woman called a family member and they informed her that they didn't have any money to make repairs. They did buy, though, a space heater, for her. The woman then decided that she needed to get back to work and realized that she can't live in these conditions and wanted to move out.

In the Spring she informed the family of her intent to move and said she is planning to move in the beginning of Fall but had no concrete plans. The family never complained that she decided to leave nor implied that she was breaking the oral arrangement. She started a new job as an emergency room Registered Nurse in late June and soon started making good money for a single woman in her 60s with no rent.

Later she got calls from the family asking when she's moving out and that they're preparing to sell the property. She informed them that she has no plans yet. She said the calls became more aggressive as they wanted her to move out with one family member telling her that she only wanted to stay there because she didn't have to pay rent. She felt this was irrelevant whether it was true or not but she was feeling resentment now that she made money and the family members wanted her out.

Later she was informed that the family went and paid the taxes although they were not yet due. The lady was planning to continue to pay taxes on the property as usual. She informed them, then, that she is no longer moving so that they would stop harrassing her. A family member then said, "okay" and left it at that.

A week later she received a certified letter from a magistrate with the family's demand that she move out because she told them that she would move out in the middle of Summer and therefore has been living in the house without permission. They want her out by Sept. 21.

The lady was shocked to receive this and is now completing the answer without an attorney.

She was never informed that she had to move. She never informed them that she had definite plans to move, only intent. And she most definitely never told them that she was moving in the middle of the Summer.

She wants to defend herself because the family is claiming she's trespassing although this has never been mentioned to her until she received the letter and she has always been in communication with them.

She feels that under all reasonable measure thats there are no reasons for the family to terminate the oral contract and that there was never any agreement that the contract could be terminated without reason. She feels that when they offered her life-long rent that it didn't mean that she was forced to live there the rest of her life, especially under the conditions of the house.

So, what's the case? What are her options?

[HomeGuru]

Originally Posted by astralis

What is the name of your state? West Virginia

I am writing this on behalf of someone. The following are the facts as I understand them.

Man and woman lived together for 10 years as partners on the male's family property that was placed in a family trust so he did not own it and if anything would happen to him it was understood that the family would take control of the property.

West Virginia does not accept common law marriages.

A few years ago the man developed cancer and his partner was a nurse and she took care of him. Eventually the cancer became aggressive and the woman took care of him and stopped working for a little over one year.

Throughout their parntership they both shared in the duties of taking care of the house but as his cancer developed the woman eventually paid all expenses, including putting a roof on the house, and paid all the taxes. The house, though, has always been in a poor state of repair.

Eventually he died. On the last day of his life they were planning to get married and everyone was very happy, including his family who always wanted them to get married. But on the last day of his life he suffered a seizure and never woke from it because of the drug-induced sleep he was put in and therefore the marriage never took place. This happened while he was in hospice. He was of sound mind although he would have hallucinations on occasion (the cancer made its way to the brain) but these were rare.

Upon his death, the family told the woman that she can continue to live at the house for life but she would be responsible for the taxes. It wasn't clear who would be responsible for maintenance. Nothing was done in writing. The man's heirs include two sons who are estranged and five sisters.

As Fall became Winter there became a problem with the heating and the gas company had to come out and do repairs. When the gas company showed up they would not make repairs because of the state of the pipes on the property and they shut off the gas in the middle of the Winter. The woman called a family member and they informed her that they didn't have any money to make repairs. They did buy, though, a space heater, for her. The woman then decided that she needed to get back to work and realized that she can't live in these conditions and wanted to move out.

In the Spring she informed the family of her intent to move and said she is planning to move in the beginning of Fall but had no concrete plans. The family never complained that she was breaking an oral contract. She started a new job as an emergency room Registered Nurse in late June and soon started making good money for a single woman in her 60s with no rent.

Later she got calls from the family asking when she's moving out and that they're preparing to sell the property. She informed them that she has no plans yet. She said the calls became more aggressive as they wanted her to move out with one family member telling her that she only wanted to stay there because she didn't have to pay rent. She felt this was irrelevant whether it was true or not but she was feeling resentment now that she made money and the family members wanted her out.

Later she was informed that the family went and paid the taxes although they were not yet due. The lady was planning to continue to pay taxes on the property as usual. She informed them, then, that she is no longer moving so that they would stop harrassing her. A family member then said, "okay" and left it at that.

A week later she received a certified letter from a magistrate with the family's demand that she move out because she told them that she would move out in the middle of Summer and therefore has been living in the house without permission. They want her out by Sept. 21.

The lady was shocked to receive this and is now completing the answer without an attorney.

She was never informed that she had to move. She never informed them that she had definite plans to move, only intent. And she most definitely never told them that she was moving in the middle of the Summer.

She wants to defend herself because the family is claiming she's trespassing although this has never been mentioned to her until she received the letter and she has always been in communication with them.

She feels that under all reasonable measure thats there are no reasons for the family to terminate the oral contract and that there was never any agreement that the contract could be terminated without reason. She feels that when they offered her life-long rent that it didn't mean that she was forced to live there the rest of her life, especially under the conditions of the house.

So, what's the case? What are her options?

**A: bottom line is that if there is nothing in writing she simply has no case. She is a m/m tenant pursuant to WV L/T law.

[Zigner]

Originally Posted by astralis

So, what's the case? What are her options?

She should find a new place to live. Even if this particular attempt to evict is not successful, any errors will be quickly corrected, and she WILL be evicted.

[astralis]

She is currently looking for a house to buy but wanted more time so she could save money. What about deposing members of the family to get the oral contract on record?

[Alaska landlord]

Originally Posted by astralis

She is currently looking for a house to buy but wanted more time so she could save money. What about deposing members of the family to get the oral contract on record?

What about family members having no recollection of any oral contract?

[astralis]

That's why a deposition with five sisters might be useful because one of them will eventually contradict the other if they're trying to lie. I don't think they will dispute that, though. And how will they explain letting her stay so long without paying rent?

Being told to leave with no reason, as she believes, is a major hardship. If it is mtm then she has to leave. But if she can prove that she was given free life rent then maybe things might be different. She has to go to court to defend herself anyhow.

[johnd]

Originally Posted by astralis

What about deposing members of the family to get the oral contract on record?

Good luck. You are treading dangerously close to impeding the sale of real property, and almost claiming right to that real property by way of verbal contract. It is a well-established tenet in this country that all real eastate transactions must be in writing. If you attempt to impede a sale you may be held liable for losses. I would simply cut your (her) "losses", and vacate as soon as possible.

[johnd]

Originally Posted by astralis

And how will they explain letting her stay so long without paying rent?

Past allowances or oversights is no right to future allowances "til death", unless in writing. The time to get flustered over the lack of a written contract is past...you should have gotten it in writing when you could have. She has lived there for free (+ taxes) for some time. Sounds like a good deal already. I would pack up asap to minimize any potential liability.

[xylene]

The terms of your friends situation are tenuous at best.

I'm not trying to be hurtful by stating the obvious, but it would have been much better for her if this living situation / contract / trust would have been formalized legally before her partners death if she expected it to be permanent or otherwise.

It is difficult to deal with painful changes, but her partner is gone, and her partner choose to establish his family in trust to his house, and now they want to liquidate the house. This is their right and she has established no permanent usufruct that is legally demonstrable (or even binding) by an informal oral agreement.

I hope your friend is able to deal with her grief and move forward

[BoredAtty]

Originally Posted by astralis

That's why a deposition with five sisters might be useful because one of them will eventually contradict the other if they're trying to lie. I don't think they will dispute that, though. And how will they explain letting her stay so long without paying rent?

Being told to leave with no reason, as she believes, is a major hardship. If it is mtm then she has to leave. But if she can prove that she was given free life rent then maybe things might be different. She has to go to court to defend herself anyhow.

Regardless of whether she claims to have a life estate or an indefinite lease, without something in writing she has no legal interest in it other than as a tenant at will. With exceptions that probably don't apply here, oral contracts to convey interests in real property are unenforceable.

[astralis]

Regardless of whether she claims to have a life estate or an indefinite lease, without something in writing she has no legal interest in it other than as a tenant at will. With exceptions that probably don't apply here, oral contracts to convey interests in real property are unenforceable.

That's my suspicion as well. But how do you know this? Are there never any oral real transactions?

Now the effort is to give her time to find a place that will offer her a short-term lease. But the family is claiming that the tenant said she would leave in mid-summer but the tenant claims 1) she never said she was leaving, only intending to leave and 2) she was aiming for a date at the end of summer/beginning of Fall. They are essentially claiming that she's trespassing.

How can she defend herself and still have a reasonable time to move out?

[xylene]

By the 21st is a reasonable time. And the only time she has

Your friend may not get it, but she is being evicted.

This head in the sand approach is not a viable defense.

If she stays, she will likely be sued for unlawful detainer and possibly disrupting a pending sale.

[astralis]

Most states give 30 days. She received the notice yesterday. She works 12-hour shifts. She didn't say she would leave in mid-summer. No one has proof one way or the other. She believes having to move out in 10 days is unreasonable. She already started looking and does not have her head in the sand. But she wants to defend herself regardless and wanted to see if there's any chance that she could stay longer.

[moburkes]

Originally Posted by astralis

Most states give 30 days. She received the notice yesterday. She works 12-hour shifts. She didn't say she would leave in mid-summer. No one has proof one way or the other. She believes having to move out in 10 days is unreasonable. She already started looking and does not have her head in the sand. But she wants to defend herself regardless and wanted to see if there's any chance that she could stay longer.

Yes. Absolutely. She can wait until an eviction lawsuit is filed in a court of law, and said eviction goes on her credit reports.

[johnd]

[quote=astralis;1715682]

That's my suspicion as well. But how do you know this? Are there never any oral real transactions?

Yes, there are oral real transactions, or more accurately, real oral transactions. But there are no oral real estate transactions in this country...they are precluded by law. Are you now considering claiming right to title?

How can she defend herself and still have a reasonable time to move out?

What do you consider a "reasonable time?" If they file, it generally takes 6-8 weeks to effect a writ...unless it's contested. I would think two months is plenty of time to relocate.