Joined: 15 Aug 2004 Posts: 619 Location: United States
Totally Off Topic, But Your My Girls So I'll Ask Anyways. Posted: 10-05-04 17:29pm
Okay,
my husband and I got preaproved for a home
loan and right now we are renting a
manufactured home from his sister. His
sister and her husband are living with his
mom trying to save some money up for a
down payment. Theyare saying that we
have a verbal agreement that we won't move
out until they buy a house. We were told
that they would buy a house by december.
So my husband and I were thinking by
january we look to buy a house. Well, we
told them what we were thinking of doing
and now they are all worked up telling us
no we can't not until they move into a
house because if we move out of this one
they will get screwed and won't get the
loan they want. They don't know when
they will buy a house. They are saying
not until sometime between january and
april. So with that they want us to stay
here until then. We have no contract or
lease signed. Although they now want us
to sign a lease. We want to get into a
house before the rates go up and by april
they will go up. What do you gals think
we should do? We've had problems with
this sister before, but we don't want to
make it worse. Although, we want to do
what's best for us. Any comments would
be appreciated.
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Kia
Supporter
Joined: 23 Jun 2004 Posts: 6594 Location: Planet Tampaxia,
Posted: 10-05-04 17:40pm
A verbal contract also known as a
"gentleman's agreement" or "handshake
contract" is legally binding, but also
difficult to prove it existed.
However, it sounds to me as if your verbal
agreement was based on the fact they were
looking to move by december, so your
contract was to saty until then.
If they have changed their minds, it does
not change your contract.
But, as your agreement was until they
move, they could try and pull as fast one
on you.
You are not somebody's capital, so it is
not for you to lose so someone else can
gain.
My personal opinion would be to continue
with your original plan.
I learnt the hard way, unfortunately, that
even the smallest agreement needs to be in
writing - even between friends.
Mine was with a horse, not a house though,
and even loaning to a friend - always get
a written signed contract.
I am pretty sure they can't do anything
without signed sealed contract, especially
if you give notice of moving (usually 2
weeks, sometimes a month if you have been
there for over a year), then it is up to
hte landlord to find a replacement
tennant.
Good luck honey.
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pitterpatter
Active User, Really EHEALTHy
Joined: 15 Aug 2004 Posts: 619 Location: United States
Posted: 10-05-04 17:47pm
Our verball agreement was something like
this "yeah, well probably stay there for a
year or two" it was so casual that I
don't even know if it can be considered
anykind of verbal agreement at all.
However, we've only lived here since may.
So that would be like eight months by
january.
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pitterpatter
Active User, Really EHEALTHy
Joined: 15 Aug 2004 Posts: 619 Location: United States
Posted: 10-05-04 17:49pm
I wouldn't even say that we agreed on
anything. We just said what we thought we
would be there for.
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Kia
Supporter
Joined: 23 Jun 2004 Posts: 6594 Location: Planet Tampaxia,
Posted: 10-05-04 17:51pm
I really don't think that if you give
"reasonable" notice of moving that they
can do anything.
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pitterpatter
Active User, Really EHEALTHy
Joined: 15 Aug 2004 Posts: 619 Location: United States
Posted: 10-05-04 18:03pm
I don't either! Thanks for replying kia
your awesome! It's nice to have people
here to be so darn helpful!!! I think
i'll say something like this. We don't
mind signing a lease as long as it's not
going to penalyze us if we decide to leave
early. Also, as long as it's a month by
month lease. Also, we don't plan on
moving until after the first of the year
so that gives you guys time to start
looking and even by then we may not find a
house. We'll see where we are at come
january, but in the meantime just so you
know we may not be here much longer than
that. I hope you can understand that we
are doing this for us and not to make
things harder for you guys.
How does that sound?
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Kia
Supporter
Joined: 23 Jun 2004 Posts: 6594 Location: Planet Tampaxia,
Posted: 10-05-04 18:09pm
Sounds about on the right lines to me, it
may be worth mentioning it to them and
saying you will sign a monthly lease
agreement but I wouldn't give them
anything official.
Monthly leases are usually for 6 months,
then option to either give notice to move
out by 6months or to re-new contract.
Otherwise I would just give reasonable
notice when you are ready.
Lol tq, i'm not awesome, just old,
cynical, and full of bits of info that are
mostly no use to man nor beast, oh yeah
and so damn nosey - I am really nosey
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pitterpatter
Active User, Really EHEALTHy
Joined: 15 Aug 2004 Posts: 619 Location: United States
Posted: 10-05-04 18:34pm
So you think ney on the month to month
lease and just say that we don't mind
signing a lease as long as theirs no
penalties for moving out? Do you think
if they threaten to take us to court we
should tell them fine if you want to be
that immature that you can't work with us
than we'll stay until april that's it.
Then cut them off from our circle until we
decide they are worth our time or is that
a bit mean?
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Kia
Supporter
Joined: 23 Jun 2004 Posts: 6594 Location: Planet Tampaxia,
Posted: 10-05-04 19:04pm
I can't really say as I don't know the
full ins and outs and i'm not law
qualified either, but me personally, I
would just say that I was looking for a
place. Then, if they wanted a contract
i'd say ok but read it real careful and
don't sign unless you are very happy - be
cynical.
The i'd just give my notice to leave when
I was ready.
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pitterpatter
Active User, Really EHEALTHy
Joined: 15 Aug 2004 Posts: 619 Location: United States
Posted: 10-05-04 19:08pm
Umm, okay I hate doing this though! I
guess I might as well let them know now
even if it's going to piss them off!
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Kia
Supporter
Joined: 23 Jun 2004 Posts: 6594 Location: Planet Tampaxia,
Posted: 10-05-04 19:13pm
Good luck, i'm sure things will work out
in the end.
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pitterpatter
Active User, Really EHEALTHy
Joined: 15 Aug 2004 Posts: 619 Location: United States
Posted: 10-05-04 21:00pm
Whewwwwwwwwww! Now they are really
pissed. My husband was extremely nice to
them and told them no garantees, but we
want to work with them. His sister
yelled and screamed at him and then his
brother in law screamed at him. Now
they're saying they want to put the house
that we live in up for sale starting
tomarrow. So I guess we will be moving
out starting some time this month.
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Kia
Supporter
Joined: 23 Jun 2004 Posts: 6594 Location: Planet Tampaxia,
Posted: 10-06-04 05:42am
As a tennant they have to give you notice
to move, without a contract they can't
make you move.
If you don't move, then they have to go to
court and get an eviction notice served to
you, which can take several months.
In the meantime they cannot deny you
access to your belongings, nor can they
touch your belongings.
This is why it is so damn hard to get rid
of squatters.
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pitterpatter
Active User, Really EHEALTHy
Joined: 15 Aug 2004 Posts: 619 Location: United States
Posted: 10-06-04 10:25am
Yeah, well we figure if they are serious
than we will just buy a house now.
However, after they yelled and screamed at
us they sent us a email begging us to stay
until april. I definately don't want to
give in to their crap, but I also want to
keep the peace. I think we are just
going to tell them that they treated us
disrespectfully and that yeah we'll stay
till then but we would appreciate it if
they would step up their house searching.
They tried to tell us they may not find a
house till june, but we're not waiting
that long. I'm so pissed at them right
now I don't care to talk to them at all.
Anyways, well just play it by ear right
now.
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Kia
Supporter
Joined: 23 Jun 2004 Posts: 6594 Location: Planet Tampaxia,
Posted: 10-06-04 14:57pm
Good luck.
I had issues with my landlord before I
moved into himself's flat.
The landlord suddenly decided that I owed
him £500 - just came out with it one
day.
He threatened court and allsorts but he
didn't have a leg to stand on as a) I had
been there for over 3years, b) my bedsit
officially did not exist
, c) the original signed agreement was for
6months, so I had been there for 2
1/2years and he hadn't tried to evict
me.
Had it not being for the hassle from my
nextdoor neighbour playing loud music all
night, and the filth from her place, plus
the shared kitchen and bathroom, then I
would have stayed until the courts served
an eviction, just to prove my point.
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pitterpatter
Active User, Really EHEALTHy
Joined: 15 Aug 2004 Posts: 619 Location: United States
Posted: 10-06-04 20:59pm
That sucks! We are now able to talk with
them, but they have a hard time forgiving
people so now it might take a year or more
for them to get over it. Oh well, not a
big loss really!
, c) the original signed agreement was for
6months, so I had been there for 2
1/2years and he hadn't tried to evict
me.
