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Father wants to evict from his house

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What is the name of your state? Georgia


This is a long story so I will try to abbreviate it

1999 - My house is foreclosed on Parents buy it back in a few days cash and agree to rent it back to my wife and I. Verbal Agreement is for $1700 a month and that we would obtain mortgage in 3 years and buy it back for value of whatever mortgage is left at the time. We also verbally agree to pay property taxes and insurance and keep repairs up on the house in addition to rent (Very generous of him)

1999 – I find a mortgage broker that says If I get them to quit claim the deed and put in my name he will finance it so we can pay them back Father refuses

2000 – I find another mortgage broke that will finance me straight, no quit claim. Father refuses to sell at that time.

2001 - Due to 9/11 my computer business flops. We get behind in rent and property taxes, insurance and late fees. We owe 11,600 total. We tell him we can no longer afford $1700 and that we will move out and pay back money. He says he will lower rent to $1300 and will put outstanding back rent on the price of the house when we buy it back. (Very generous of him)

2001-2004 - We get behind a month or so in rent from time to time but we always catch up and include late fees. We are more or less current. He threatens to evict 3-4 times and sue for back rent. He also gets mortgage on house in his name and periodically raises rent instantly to account for changes in taxes and insurance fees. We comply and pay increase

2005 - I take over paying rent because wife was not paying on time even though money was available. From Jan to April I always pay on time. In May I am 7 days late but I called to tell them way before. He raises late fee to $200 on $1400 rent. On same notice he says that if we are get behind 3 months rent then he will evict. This is his right. I tire of his rants and threats to throw us out in 10 days or 30 days because he is upset about late rent and other personal unrelated reasons. I ask for written lease to protect myself. I also ask for price in which he will sell house back since I can now qualify.

He writes back with “Lease Purchase Agreement” with following points

1. We have to do all repairs to property
2. We have to pay $200 late fee
3. If he has to sue we have to pay attorney fees but he does not have to pay ours
4. We have to give 30 days notice to move out
5. If rent is late or falls behind he only has to give 7 days written notice to vacate
6. Price of house is 155g plus 11,600 for back rent.
7. We have to buy house back by March 2006 (about 6 months)
8. If we don’t buy house back or violate any of above terms then he will sue for back rent, attorney fees, repairs on the house (about 20g for roof and other major things we could not afford)
9. I will be thrown out of his will (yes he put that. He is worth about 2 million)

There is no expiration date on Agreement but in cover letter he says we have 7 days to sign it and NOTHING IS NEGOTIABLE. I refuse to sign it because it is an illegal as well as unfair contract in GA and I’m thinking that by signing it that it could be enforced. It basically makes me give up all my tenants rights.

August 4th, 2005 he writes another letter stating he is evicting us because we failed to sign lease agreement and that we owe him 11,600 in back rent from 2001. We are current besides that. Says we have to move out by September 4, 2005 Also says he will come from NY to GA on August 8th to start proceedings and hire lawyer and RE agent just in case we decide to act the fool. I refuse to see him. While he is here wife begs to see if there is anything we can do to stop this. He says to give him 11,600 and he wont do it. Give us 2 days to come up with it. I say forget it. Wife goes behind my back and cashes in IRA and pays him. He leaves. We get call August 22nd stating deal is off cause rent for August was 2 days late and he is returning check for $11,600 and that we have to move by September 4th. (I cant make this up)

I want to make sure I have read and interpreted GA law concerning month to month or at will rentals

1. He must give us 60 days written notice for any change in terms and 60 days notice to vacate. Doesn’t that mean I have 60 days to sign the lease he presented instead of the 7 he gave us
2. Since he continued to accept rent after “temporarily forgiving” the $11,600 in 2001 then he can not evict for that reason. Accepting rent after that created a new at will agreement.
3. The landlord cannot make us repair the house and can not make us pay property taxes
4. It’s illegal to make us pay attorney fees unless there is no provision that he will pay for ours

This was a Father/Son and gentlemen’s agreement back in 1999. We have been late A WHOLE LOT OF TIMES on the rent and he has been merciful. Since Jan of 2005 we have been on time with rent every month cept for 1. For some reason he cracked when I asked for a rental agreement. Had he asked us to move without threatening to sue I would of given up the house and moved out and we could of continued to be family. Business is business and personal is personal. I understand that. He holds a 155g mortgage on a 275g + house. Knowing my father I think he smells money. I just think it odd that when I got on my feet and asked to buy the house back he loses his mind.

But this is business.

I am refusing to move by Sept 4 because I don’t believe he has given proper notice to move. I know that I will have to move cause it’s his house. But it wont be on Sept 4th. I will still send Septembers rent knowing that if he accepts it , it will start a new at will contract and the 60 day notice requirement will start new. I am fighting on principle. That and with our 3 girls it will take more time to get things together to move

Any advice on how to fight this…or even if I should. I’m particularly interested in if I still have the right to sign the illegal contract above to lease/purchase the house since I’m still within my 60 days.
 


Wow!

Well, there are two ways to go on this:

1) Stand on principle - get an attorney (or figure out your legal options yourself) - stay as long as possible - waste a TON of negative energy fighting good ol' (????) dad - wind up NOT in the house in the end

or

2) Focus on the needs of your immediate family - decide what you and your wife's goal is (purchase a house, rent a house - location, etc) - find as nice of a home for your family as you can - as peacefully as possible move your family to their new home - get on with living a happy life

Believe me, I understand the need/want to get down and dirty and battle it out. Sounds like you dad is (on some level) enjoying this little "game" he's playing. I assure you, what would bug the living crap out of him more than anything is if you just STOP. Don't utter another word to him - in writing or otherwise. When was your notice to be out - the end of aug? Find some way to make that happen. It's like a chess game to him. He's sitting there strategizing his next move based on whatever you're going to do next. Don't make another move. STOP PLAYING this sick game with him and move on. Use your time and energy to focus on positive things for your family. (Besides, do you really want your kids witnessing this BS?)

That's my opinion. Legally, I'm sure you can drag this out for a while (months, probably), but in the end I don't see where you'll gain a thing.

Best of luck,
Karla in Amarillo
 

south

Senior Member
Your father seems like a very perceptive man...

Father/son agreement does not make a difference its irrelevant.

This is an agreement between two business people, you cannot turn around in court and say but he is my pappy..

You have been consistently late and owe money you can be evicted, you did not agree to the terms of the lease either..

He generously gave you 60 days notice to leave that does not mean you can turn around and sign the lease on the 60th day it means you are out if you do not leave by the 60th day he can evict you.

The fact is at this point you owe money he could simply serve you a 3-day notice to pay all rent owed or quit the premises and then on the 4th day file to evict you




bobingeorgia said:
What is the name of your state? Georgia


This is a long story so I will try to abbreviate it

1999 - My house is foreclosed on Parents buy it back in a few days cash and agree to rent it back to my wife and I. Verbal Agreement is for $1700 a month and that we would obtain mortgage in 3 years and buy it back for value of whatever mortgage is left at the time. We also verbally agree to pay property taxes and insurance and keep repairs up on the house in addition to rent (Very generous of him)

1999 – I find a mortgage broker that says If I get them to quit claim the deed and put in my name he will finance it so we can pay them back Father refuses

2000 – I find another mortgage broke that will finance me straight, no quit claim. Father refuses to sell at that time.

2001 - Due to 9/11 my computer business flops. We get behind in rent and property taxes, insurance and late fees. We owe 11,600 total. We tell him we can no longer afford $1700 and that we will move out and pay back money. He says he will lower rent to $1300 and will put outstanding back rent on the price of the house when we buy it back. (Very generous of him)

2001-2004 - We get behind a month or so in rent from time to time but we always catch up and include late fees. We are more or less current. He threatens to evict 3-4 times and sue for back rent. He also gets mortgage on house in his name and periodically raises rent instantly to account for changes in taxes and insurance fees. We comply and pay increase

2005 - I take over paying rent because wife was not paying on time even though money was available. From Jan to April I always pay on time. In May I am 7 days late but I called to tell them way before. He raises late fee to $200 on $1400 rent. On same notice he says that if we are get behind 3 months rent then he will evict. This is his right. I tire of his rants and threats to throw us out in 10 days or 30 days because he is upset about late rent and other personal unrelated reasons. I ask for written lease to protect myself. I also ask for price in which he will sell house back since I can now qualify.

He writes back with “Lease Purchase Agreement” with following points

1. We have to do all repairs to property
2. We have to pay $200 late fee
3. If he has to sue we have to pay attorney fees but he does not have to pay ours
4. We have to give 30 days notice to move out
5. If rent is late or falls behind he only has to give 7 days written notice to vacate
6. Price of house is 155g plus 11,600 for back rent.
7. We have to buy house back by March 2006 (about 6 months)
8. If we don’t buy house back or violate any of above terms then he will sue for back rent, attorney fees, repairs on the house (about 20g for roof and other major things we could not afford)
9. I will be thrown out of his will (yes he put that. He is worth about 2 million)

There is no expiration date on Agreement but in cover letter he says we have 7 days to sign it and NOTHING IS NEGOTIABLE. I refuse to sign it because it is an illegal as well as unfair contract in GA and I’m thinking that by signing it that it could be enforced. It basically makes me give up all my tenants rights.

August 4th, 2005 he writes another letter stating he is evicting us because we failed to sign lease agreement and that we owe him 11,600 in back rent from 2001. We are current besides that. Says we have to move out by September 4, 2005 Also says he will come from NY to GA on August 8th to start proceedings and hire lawyer and RE agent just in case we decide to act the fool. I refuse to see him. While he is here wife begs to see if there is anything we can do to stop this. He says to give him 11,600 and he wont do it. Give us 2 days to come up with it. I say forget it. Wife goes behind my back and cashes in IRA and pays him. He leaves. We get call August 22nd stating deal is off cause rent for August was 2 days late and he is returning check for $11,600 and that we have to move by September 4th. (I cant make this up)

I want to make sure I have read and interpreted GA law concerning month to month or at will rentals

1. He must give us 60 days written notice for any change in terms and 60 days notice to vacate. Doesn’t that mean I have 60 days to sign the lease he presented instead of the 7 he gave us
2. Since he continued to accept rent after “temporarily forgiving” the $11,600 in 2001 then he can not evict for that reason. Accepting rent after that created a new at will agreement.
3. The landlord cannot make us repair the house and can not make us pay property taxes
4. It’s illegal to make us pay attorney fees unless there is no provision that he will pay for ours

This was a Father/Son and gentlemen’s agreement back in 1999. We have been late A WHOLE LOT OF TIMES on the rent and he has been merciful. Since Jan of 2005 we have been on time with rent every month cept for 1. For some reason he cracked when I asked for a rental agreement. Had he asked us to move without threatening to sue I would of given up the house and moved out and we could of continued to be family. Business is business and personal is personal. I understand that. He holds a 155g mortgage on a 275g + house. Knowing my father I think he smells money. I just think it odd that when I got on my feet and asked to buy the house back he loses his mind.

But this is business.

I am refusing to move by Sept 4 because I don’t believe he has given proper notice to move. I know that I will have to move cause it’s his house. But it wont be on Sept 4th. I will still send Septembers rent knowing that if he accepts it , it will start a new at will contract and the 60 day notice requirement will start new. I am fighting on principle. That and with our 3 girls it will take more time to get things together to move

Any advice on how to fight this…or even if I should. I’m particularly interested in if I still have the right to sign the illegal contract above to lease/purchase the house since I’m still within my 60 days.
 
south said:
Your father seems like a very perceptive man...

Father/son agreement does not make a difference its irrelevant.

1. This is an agreement between two business people, you cannot turn around in court and say but he is my pappy..

2. You have been consistently late and owe money you can be evicted, you did not agree to the terms of the lease either..

3. He generously gave you 60 days notice to leave that does not mean you can turn around and sign the lease on the 60th day it means you are out if you do not leave by the 60th day he can evict you.



4. The fact is at this point you owe money he could simply serve you a 3-day notice to pay all rent owed or quit the premises and then on the 4th day file to evict you
1. I never stated that was my defense. I stated it was father/son agreement bause he was helping me out greatly but at the same time all the thing I agreed to are not enforceable by law such as making repairs on the house and paying property taxes directly to the county


2. No, I dont owe him any money. All past rent has been paid and is up to date

3. He only gave 30 days. In the state of GA the landlord must give 60 days notice for month to month at will tenants Had he given 60 there would be no fight

4. Once again all rent us up to day. He has the right to terminate the lease but at this time he has no basis to terminate based on failure to pay rent. There fore he must give 60 days notice
 

south

Senior Member
You said: we owe him 11,600 in back rent from 2001. We are current besides that.

Regardless you have shown that you are consistently late and if you owe any rent or not at this point he can give you 60 days notice to leave.




bobingeorgia said:
1. I never stated that was my defense. I stated it was father/son agreement bause he was helping me out greatly but at the same time all the thing I agreed to are not enforceable by law such as making repairs on the house and paying property taxes directly to the county


2. No, I dont owe him any money. All past rent has been paid and is up to date

3. He only gave 30 days. In the state of GA the landlord must give 60 days notice for month to month at will tenants Had he given 60 there would be no fight

4. Once again all rent us up to day. He has the right to terminate the lease but at this time he has no basis to terminate based on failure to pay rent. There fore he must give 60 days notice
 
txlandlady said:
Well, there are two ways to go on this:

1) Stand on principle - get an attorney (or figure out your legal options yourself) - stay as long as possible - waste a TON of negative energy fighting good ol' (????) dad - wind up NOT in the house in the end

or

2) Focus on the needs of your immediate family - decide what you and your wife's goal is (purchase a house, rent a house - location, etc) - find as nice of a home for your family as you can - as peacefully as possible move your family to their new home - get on with living a happy life

Believe me, I understand the need/want to get down and dirty and battle it out. Sounds like you dad is (on some level) enjoying this little "game" he's playing. I assure you, what would bug the living crap out of him more than anything is if you just STOP. Don't utter another word to him - in writing or otherwise. When was your notice to be out - the end of aug? Find some way to make that happen. It's like a chess game to him. He's sitting there strategizing his next move based on whatever you're going to do next. Don't make another move. STOP PLAYING this sick game with him and move on. Use your time and energy to focus on positive things for your family. (Besides, do you really want your kids witnessing this BS?)

That's my opinion. Legally, I'm sure you can drag this out for a while (months, probably), but in the end I don't see where you'll gain a thing.

Best of luck,
Karla in Amarillo[/QUOTE


Wow. It took me 35 years to figure out my father. You got it right away. Your right. He likes to control and play mind games.

I know I will have to move. No doubt about that. I will prob do a combo of 1 and two above. I just need a little time to make it happen. And I want to make sure my father knows that I know all about him and his antics with me in the future will be futile. As you prob figured out there is a huge history here. I will lose my house and 125g in equity but I feel really really free
 
Your right txlandlady.....completly

And the apple did not fall far from the tree. I used to be just like him. I was a mean and sadistic person. And I had no idea. But as a result of watching him throught the years and especially how he started to treat me I woke up in time......I've gotton counseling and have pretty much done a 180 in the way I treat peopel

Thanks for the advice
 
bobingeorgia said:
And I want to make sure my father knows that I know all about him and his antics with me in the future will be futile.
I PROMISE you.....the best way to make that happen is to cease everything immediately. NO response at this point will have FAR more effect on him than anything else you could dish out.

He's the cat, you're the mouse - at this point. I know it doesn't give the same satisfaction to YOU, but think of him as a bully on the school yard. If you pack up, move out, and don't ever utter another word about it he'll be dumbfounded because you didn't show up for recess so he could keep pushing you around. Plus, he'll have to get someone to make the house ready for sale and deal with all of that.

You just think you "need time to make it happen". Quit focusing on all of this BS and focus on making a calm, peaceful home for your family. You can be moved by this weekend if you WANT to make it happen, rather than continuing Daddy's sick charade.

Best of luck to you and your family.
K in A
 
south said:
You said: we owe him 11,600 in back rent from 2001. We are current besides that.

Regardless you have shown that you are consistently late and if you owe any rent or not at this point he can give you 60 days notice to leave.


Right. He was paid the 11,600 on August 14th in addition to Augusts rent. We owe him nothing.

Yes, he could give us a 60 day notice but he has not.

My point and reason for posting is not to defend my actions as if I have not been wrong. I was posting to see if his methods were legal as it pertains to the law. I will give up the property and pay all that is owed. But I will not be railroaded and screwed and give up my rights in the process.

If I told my "pappy" that I will pay him X rent and make repairs and pay property taxes that thats what I will do and have done. But if you take me to court to make me do it and it's not legal then thats where my problem comes in.

This is legal board and not a moral board so I want to make sure things are legal
 
txlandlady said:
I PROMISE you.....the best way to make that happen is to cease everything immediately. NO response at this point will have FAR more effect on him than anything else you could dish out.

He's the cat, you're the mouse - at this point. I know it doesn't give the same satisfaction to YOU, but think of him as a bully on the school yard. If you pack up, move out, and don't ever utter another word about it he'll be dumbfounded because you didn't show up for recess so he could keep pushing you around. Plus, he'll have to get someone to make the house ready for sale and deal with all of that.

You just think you "need time to make it happen". Quit focusing on all of this BS and focus on making a calm, peaceful home for your family. You can be moved by this weekend if you WANT to make it happen, rather than continuing Daddy's sick charade.

Best of luck to you and your family.
K in A

You are very wise. Legally I might have some wiggle room but whats the point. WOW....THANKS YOU SO MUCH. I know what I must do now. I knew for a little while but now I have to convince wife.
 
Take her kicking and screaming if you have to......

bobingeorgia said:
You are very wise. Legally I might have some wiggle room but whats the point. WOW....THANKS YOU SO MUCH. I know what I must do now. I knew for a little while but now I have to convince wife.
I really wish you the best. You're dealing with several deep, tough issues.

It's hard to get out of the mind set that our 'PARENTS' are "over" us somehow. You're talking about the property that has been your HOME for a long time - that's HARD to give up (especially for women/mothers). If you're like me, you secretly kind of like the fight, and your instinct is to not let someone screw you.

It sounds like you'll be ok, though. Just hang in there. Someday this will all be behind you and it will probably teach you some of the most powerful lessons of your life.

Make notecards of your positive goals and stick them where you'll see them all the time. It will help you focus on that and take the focus off this negative mess.

Chin up!
K in A
 

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