landlord/ parent rights

[rickpl]

My son and his wife live next door to my wife and I. The house was left to my wife after her mom died, it is paid for and all we have asked is that they pay the real estate taxes on it. They are not under a lease, and my wife and I maintain the property, ie., trash removal, lawn and snow removal.
They both work and have just informed us that they will not have the tax money that is due in three days. My wife and I must now scramble to try and find this money. They knew the taxes would be coming due for 6 months (though we did not know the exact amount until we received the bill in Oct.). They have previously come up with the money although it like pulling teeth to get the money out of them.

What recourse could we have. thank you

 

[Gail_in_Georgia]

Your recourse is, unfortunately, to evict them.

Your son and his wife are taking advantage of you, living there scott free, having you do the lawn and trash removal and not bother to save enough money to pay the taxes.

Although they do not pay rent, this is still a landlord/tenant situation (you're the landlord, they're the tenants). They have failed to pay the one fee the arrangement requires; the taxes. Therefore, your option is to provide them, in writing, with a notice to vacate the premises within a certain number of days (check with your particular states landlord/tenant laws on the number of days) and if they fail to do this, file against them for eviction through your local court system.

I realize this is EXTREMELY difficult to do with family members but it is the only way to remedy the situation. Landlord forums are full of warnings NEVER to do a landlord/tenant setup with family; it rarely works out for the very reason you and your wife are now facing.

Gail

 

[nrolang]

Hi Gail

Hi Gail,
this is rickpl's daughter in-law but I'm sorry to say but he didn't tell you all the facts. Quote on quote what he said was "My son and his wife live next door to my wife and I." -This is true. "The house was left to my wife ater her mom died"- This is not true...I'm sorry to say...but my husbands grandmother actually had left the house for him, and my husband before was married to another women and they were in a process of divorce. So they all agreed on signing it over to my husbands mother (my husbands mothers main idea), for him to intentionally get it back. It's stated in the will!! He also wrote "It is paid for and all we have asked is that they pay the real estate taxes on it."- And there's no written document that says that, and there was no agreement with me to do any of that!! There was never conversation, besides them (the first time about 3 years ago)turning around and saying we need the tax money...that's the first time I heard of it and that's when I ended giving my husband most of the money to give to his parents! So I wasn't even technically living there yet! Also they stated "They are not under a lease, and my wife and I maintain the property, ie. trash removal, lawn and snow removal."...there was never a denial of this from us. They just go ahead and do it themselves. They never asked us, or applied to even ask us. The funny thing is here, we do pay for everything thing else.They didn't mention that. Did they? We pay for oil, electric and other bills! On the other hand they have a daughter who lives with them, who doesn't pay them at all...but gets everything she wants...she has a job and she's about 21 years old, pretty favortized right? Anyway...that has nothing to do with anything, besides that they are making us the bad people...when I spoke to my mother in law about the money, and she knew the circumstances!! We had told them we have been struggling!! And the fact that he said that we both work...well...guess what...the job I have had I have gotten very recently...and the last job I had I lost because of a medical reason...that gave us a lot of income and they knew about it!! They've known about our situation for awhile. So they can't turn around and say that we've known so we should have paid. We've never not given them money. The fact that he told you that "it's like pulling out teeth"...I'm sorry...we can go pay for the taxes ourselves at the office...we don't need to give them the money. So that's what we are doing now on. We never said we weren't giving the money to them. That's a complete lie!! A COMPLETE LIE! Why would we take advantage of someone, or even family members...they don't even listen what we have to say! We try to talk with them, but their aggrogance gets in the way. I've also done my research up in the reality of New Hampshire, and there's only a 19 dollar fee for every month that the taxes are late...so we'll pay them...I know nothing happened to my grandparents when they were a month late, and their house is more expensive then both of these combine...so they can give all the crap to these lawyers all they want, but techically they don't have proof...am I right? The proof is in the will! Am I correct on this mam? Plus if there's no written paper saying that we had a lease, or had to pay the taxes, and Chris (my husband) is able to live in the house as long as he likes (in the will), and we pay for everything else, they can bring us to court but nothing really can't happen, can it?
Thank You
Nicole

 

[Duranie]

It doesn't really matter if you pay everything else, if you live there then you pay utilities that is to be expected. Wherever you live, you generally pay rent or a mortgage or utilities. The fact their daughter lives with them has nothing to do with anything. I am unclear, who's name is the house in? If your husband is NOT on the house deed or listed in the will as inheriting part of the house then it is not feasible to live there rent free. if I am missing something let me know. Unless he owns part of the house NOW, then I see you eventually getting evicted. It is in your best interest you work something out now or start loooking for another place to live.

 

[Gail_in_Georgia]

If your mother-in-law's name is on the deed because your husband signed the house over to her, it's her house. Doesn't matter if grandma left the house to him in her will; if he signed it over during his divorce to hide assets from his first wife (and shame on him for doing that), then your mother-in-law owns it.

In the absence of a written lease, a tenant is assumed to be what is known as a "tenant at will" or a month to month renter. Depending on the state landlords need only give a 30 day notice (in my state of Georgia this is 60 days) that the tenants must vacate the premises. If they fail to comply with that the next step is to file in court for an actual eviction.

As previously mentioned, if you were renting another place, you'd be financially responsible for your utilities.

Failure to pay taxes will, eventually, cause the property to be put up for auction by the city/county for these owed taxes.

Gail

 

[nrolang]

Please read my other forum better...

His mother signed the deed over to herself...that's what I said...fully intentionally suppose to give it back. That was what was suppose to be done. In the Will it says that Chris can reside in the house as long as he likes...that's from what his grandmother wanted...so kicking us out because we pay the tax and it was never in an agreement? Hmmm...that's hilarious...and Gail I'm sorry to be honest with you...but if taxes weren't paid in years...that's when the town can take a house away...who said about not paying for years? I know I never did.

 

[Gail_in_Georgia]

I'm going to my county's Tax Levy sale this Tuesday (our county holds these every month).

The houses that are up for auction are all one year past due on their taxes (i.e., they did not pay taxes for 2007).

If you and your husband are paying the taxes then there is no issue regarding the need for filing for eviction by your inlaws because of this. If you are not then the owner (and this would be mom since her name is on the deed) would be reponsible for these.

Understand that if your husband signed over the deed of the house to his mother (and this did not include some stipulation that the house would legally be returned to him sometime in the future) that it doesn't matter what Grandma's will said. With this signing over of the deed he's also signed over any owners rights he had to the house.

Gail