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Owner wants backrent with no contract signed.

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LINDA BERGAMINI

Guest
We moved from Florida to North Carolina to a house that a good friend of ours had up here. The house had been boarded up for 10 years. When the lady found out we were moving up here, she told us to come stay in her house and we could fix it up. For the first year we signed a rental agreement with her for our security, being she was 90 years old and had relatives that she did not like. That lease ended Oct 2000. At that time her relatives became involved and tried to get guardianship of her, etc. At the same time the relatives had the house put over into her trust and they are trustees on her trust not here. In Sept of 2000, we received a letter from relatives to sign a contract effective Oct 1, 2000 or get out, we sent a letter back to their attorney, stating yes we would sign a contract and for him to forward paperwork to us to sign. We never received a contract in the mail. Now May 2001, we received a letter from her relatives, stating they own the house as trustees and want $3,150 from us within 7 days or they will take legal action against us for eviction. Being they never sent us a contract to sign, which we told their attorney to do, is this legal for them to request $3,150.00 from us and can they have us evicted if we do not pay? We are willing to sign a contract at this time and start paying rent, but don't feel they can legally ask us for back monies. Please help!
Linda
 


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dj1

Guest
So you are asking can you have FREE RENT for 8 months.

The answer is NO.....you lived there YOU got some benefits for living there.

What was the rental per month when you had a lease? Does the 8 months since total $3150?

This seems like a no brainer
 
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LINDA BERGAMINI

Guest
Well maybe the no brainer is you don't no exactly whats going on, so its easy for you to say its a no brainer!
When we signed the rental agreement with the 90 year old woman it was for $25.00 a month plus repairs to the house, now remember the house had been boarded up for 10 YEARS! Dead mice in every room, every color of mold you could ever imagine, roof leak, which rotted floor and ceiling. We had to stay in our travel trailer for 2 months, while we made the house liveable. The woman wanted to give us the house, but the relatives stepped in before she could do that. She told us she didn't want any money from us, just happy we were up here taking care of the house for her. My original question was: "the inlaws asked us to sign a contract back in Oct 2000, they never sent us one to sign, so that was our fault? what were we suppose to call and ask them if they forgot? We assumed they had dropped it because of the womans wishes, but now they want $3,150 for 8 months when they never sent a contract to sign".
Just curious are you a lawyer?
Linda
 
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dj1

Guest
OK thats a little better.....first YOU do have a rental agreement, $25 plus repairs NO ONE has any proof that you signed a lease with a higher rent.

Now gather up ALL your reciepts especially the last 8 months, all the stuff you wrote checks out for on your credit cards, and total them up.....

You can counter claim that all of that money you spent out of pocket should be considered " use and occupancy" of the premisis. Since you had a month to month lease at the $25 a month rate.

I hope you kept a copy of the letter you sent the lawyer, that could also be proof that they dropped the ball in signing a new lease with you. Did they make any attempt to come over and get you to sign one? Did they send any registered letters? If they did and you or your friend/hubby REFUSED to sign for it, then it would be considered a valid lease and they would be entitled to collect the $3150.

Did you keep paying the $25 a month and to whom? were the checks cashed?

[Edited by dj1 on 05-21-2001 at 12:13 PM]
 
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LINDA BERGAMINI

Guest
Thank you, that was a little better then your first response. Yes we did have a rental agreement for $25.00 plus repairs that was good until Oct 2000, and correct no one has any proof of any other contract signed.

Yes we have a copy of the letter we sent to their lawyer in Sept 2000 telling them we would sign a contract, please send paperwork (from Ohio). Because they live in Ohio, we never heard from them again until now, because they have been down in Florida with the sister since Jan. No registered letters until now demanding the $3,150 or they would start legal proceedings, which was typed by the brother-in-law, not a lawyer, not notorized.

No we did not keep paying the $25.00 a month after Oct 2000, because the lady told us she did not want our money.
When we did send it to her it was in cash.

Yes we have every receipt of every dollar we ever spent on this house from day one. We used to send her lists telling her what we had done.

We don't no how to approach them with the letter back, as we want to stay here and are willing to sign a lease now when they send paperwork, but are afraid they will just tell us to leave. Do we have any re-course to stay?

Thanks,
Linda
 
D

dj1

Guest
Ok they will try harass you anyway, they are rednecks from florida.

How about figuring out what a decent rent would be, comparable to other houses in the area.

How much did all your repairs add up to over the cousre of you living there, figure it out per month.

Of course you can send them a letter explaining that they have no right to demand the money since you still have a vaild lease at $25 a month plus repairs.

And YES you do still owe the $25 a month even if she said not to worry, and especially if you paid in cash with NO reciepts, remeber Judges will NOT look kindly if they think you are ripping off an elderly person who is not all there.

But I'm sorry to say these are REDNECKS low life trash, and NEVER honor a committment, so even if you offered them say $450 a month which might be proven to a judge is fair rent, they would want $750.

So, Unless they accept your offer of a reasonable rent, youd better start thinking of moving, by the end of june, since they must give you a 30 day notice to move or for a rent increase that will start on July 1st.


[Edited by dj1 on 05-22-2001 at 08:10 AM]
 

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