RentToOwn-HouseFinder.com
Leasing with option to buy, but no lease? Please read?
I am writing this for my parents. Basically a couple years ago they put down 10,000 dollars on a house that was suppose to be put into their name and financed by them to buy out the owner. A year after living here they still couldnt get the financing. The owner of the property never reinstated a lease of ANY KIND to them but still wants them to live here and try for financing next year. The owner (who really doesnt own the house, just has power of attorney of it) comes by and harasses my parents weekly for MORE money. He charges them 750 per month, and asks for a 50 dollar fee to come pick the "rent" up, even though he lives in the neighborhood. He has also saved checks and tryed to deposit old checks that he ended up getting cash for because he has come to their house and demanded it. My parents have never really even been late with the rent. They keep getting charged off the wall "fees." The owner of the house never gave them a new lease, and the expired lease-option-to-buy papers were never signed or notorized. It seems to me like this owner is a shady one. My parents have asked for their 10,000 dollars back because the owner will not re write a lease or give them any kind of legal documentation for the house. They just "live" here and keep paying because they are unsure about what they really NEED to do. The owner is now threatening to evict them but how? Theres no lease, no real verbal agreements just alot of threats and unfufilled promises. I advised my parents to retain a lawyer in case he does try to evict. Can anyone give some insight as to what they should do. Please dont respond with ... "they should move" because they already know that they should.. we are just wandering what kind of legal recourse they have in the matter. State is alabama which I beleive requires a 10 day written eviction notice and court procedures.
Public Comments
- If your parents have solid proof of the $10K down payment they should file a lawsuit and get a judgment lien on the house. That way if it is ever sold your parents will have to be paid off in order for the sale to go thru. A suit can be filed on a verbal contract as well. Get in touch with an attorney that handles civil and real estate matters. As for the harrassment aspect, put in writing exactly what the rent amount is and how it is to be paid then send a certified, receipt requested copy to the owner of the property. Document every single conversation and try to have witnesses that can verify statements made. Good luck.
