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Posted: 5/31/2002 9:07:32 AM EDT
I have to vent before I explode. I live with my fiance in a house owned by her mothers BF. We pay $1200 in rent per month, with no lease. Cash and carry type of arrangement. It seemed to be a pretty sweet deal until late last week. Let me tell you about it. We heard him talking about maybe putting the house we rent on the market 11 months ago, and we began looking into moving to another place to allow this to happen. No big deal really, and he decided not to sell the house, and wanted to just keep us there. That was fine with us. Life went on, and we heard more of the same type of conversation about 2 1/2 months ago. We started to look into buying a place of our own, and he talked us(mostly her) out of it saying that he was not selling anytime soon, and if he did, he would be sure to give us plenty or notice prior to putting it on the market to facilitate our requirements to find a home. Well, he tells us last week that the house was going on the market at the end of May. This was not really what I called good notice, and kind of pissed me off, but rather than be pissed off, I went into high gear to arrange a mortgage and find a house. The for sale sign was up the next day, and they are signing papers to initiate the sale to a family this morning. We are notified today that we are to be out in 30 days. This is driven by my fiances mother and her BF(for all intents and purposes, my fiances stepfather). Come to find out from the realtor, this has been in the works for a year. A freaking year, and this knuckle head just left us flappin in the wind. This is not something I would even do to someone who I disliked, and especially not family. I could kill them both! If any of you have bought or sold a house in the past, you know that it is a SLOW process generally, and now I have to do it fast, and on someone else's time table. I am stressed to the ragged edge over this, and my girl is totally overwhelmed. She is so hurt and pissed off at being screwed over so harshly by family that she is near hysteria. I'm trying to find a way to really screw this a$$hole over in return, and the only thing I have been able to come up with that will not land me in prison is to serve him up a 1099 for for all the rent money we have paid that he has not claimed. Any ideas from you guys on how to LEGALLY put the proverbial penis into his anus? Sorry to be so long, but I have to vent!!
Link Posted: 5/31/2002 9:16:20 AM EDT
That's easy. MAKE him make you leave the premise. He can't just throw you out, he'll have to take you to court to have you evicted. You get a lawyer, set a date, then pospone. He can't sell the house on time, the buyer will back out, and he's screwed.
Link Posted: 5/31/2002 9:18:40 AM EDT
He couldn't afford to let the $1200 a month go away while he worked on the sale. The asshole put money ahead of family. As far as screwing him, I will not advocate anything illegal, however I'm a firm believer in a long memory. Some day this prince will desperatly need something from you, money, help, something. When that day comes, let your conscience be your guide.
Link Posted: 5/31/2002 9:24:13 AM EDT
I'm with both Vinnie and CITADELGRAD87 on this. Take your time and find a place that works for you. He can't toss you out without a long, drawn-out eviction process. Don't do it to be spiteful, do it becasue you need time to make the right move. As far as revenge goes, just remember: It's a dish best served cold. Very cold. I have a landlord that screwed me over about 17 years ago. I'm sure he has forgotten me. I haven't forgotten him. 3 years to go.
Link Posted: 5/31/2002 9:25:23 AM EDT
[Last Edit: 5/31/2002 9:26:13 AM EDT by echo6]
Originally Posted By Vinnie: That's easy. MAKE him make you leave the premise. He can't just throw you out, he'll have to take you to court to have you evicted. You get a lawyer, set a date, then pospone. He can't sell the house on time, the buyer will back out, and he's screwed.
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Yep thats the way to do it. Then come tax time I'd hit him with the 1099's too. You know you can amend your returns going back several years to add older 1099's as well[}:D] echo6 (edit to add- I am not an attorney nor do I play one on TV)
Link Posted: 5/31/2002 9:26:55 AM EDT
Dude, Get your valuables out of the house. Then "smoke in bed".
Link Posted: 5/31/2002 9:53:27 AM EDT
MAKE him make you leave the premise.
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I've had three friends that have bought houses that were former rental properties that the previous owner couldn't get the occupants of the house. One closed on it anyway, then had to make house payments during the four months(!) it took to evict the unlawful occupants. The other two had to find other living arrangements during the months it took. I've seen the other side. If you do this, you'll be screwing some other family's plans. You'll only delay your landlord collecting a check for selling the property, but you probably hurt the other family more than your target.z
Link Posted: 5/31/2002 9:54:03 AM EDT
[Last Edit: 5/31/2002 9:56:30 AM EDT by revrat]
I certainly will be staying as long as I need to. If I can get it all done in the 30 days, well fine, but I still have to look out for my best interest. I wouldn't want to inconvenience the buys if I don't have to, but if it comes down to it, my problems mean more to me than their potential problems. I forgot how difficult it is to evict someone, especially in CA. I don't mind one bit seeing him go through the discomfort of trying to force us out. It will be a lot harder for him do that than it will for us to leave when we are goo and damned ready. And being that there is no lease involved, that dick is not getting one red cent out of me for the remainder of my time in that house. I'm also going to be present when all the inspections ttake place, and make sure that EVERY code violation is written up. When he used to live in the house, he thought he was super handy and jury rigged a lot of things like wiring, gas lines for his self installed gas fireplace, and ducting, and various little things that will get him dinged on the inspections. I wish now that I did not get rid of the squirrels that were tearing up the attic.I will be sure to point out that there is almost certainly mold in the walls of the spare bathroom due to leaks from his shoddy plumbing work. I am going to make it as hard as I can on him, and hope every bit of it causes severe discomfort. As far as putting money ahead of family, that absolutely makes him the worst type of cretin imaginable, next to a child molester. That is somethingyou just don't do. I will not consider either of them family once we get married. When the time comes for us to have children, I will do everything in my power to make sure they have as little contact as possible. I will not have my children exposed to people who willfuly act in this manner. In fact, I don't think I will ever have personal contact with either of them again once this is all resolved. My girl may want to be with her mom eventually, but she can do that on her own. I will not participate in family events where either of them are present.
Link Posted: 5/31/2002 9:57:42 AM EDT
What is your fiance's take on this?
Link Posted: 5/31/2002 9:59:19 AM EDT
Link Posted: 5/31/2002 10:02:43 AM EDT
Originally Posted By echo6: Yep thats the way to do it. Then come tax time I'd hit him with the 1099's too. You know you can amend your returns going back several years to add older 1099's as well[}:D] echo6
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Your own personal tax return has nothing to do with the 1099(s) you would issue regarding rent you paid him. If it was office rent for a business you had, that would be different (though still indirectly) since a business is entitled to deductions for 'ordinary and necessary' business expenses. But the rent you paid is not deductible on your personal return. The 1099 is totally a separate item with the IRS. I'm not a lawyer, either, but I would suggest you get one, one who has a good reputation for representing tenants. If you have any kind of documentation that you paid rent, keep it. If you pay one more cent in rent, make sure you do it as prescribed by (or even through) your lawyer, in a way that you can prove it (by check, with appropriate notations on it / written receipt, showing the property address you're paying for, with a witness if you are personally delivering the check). Personal delivery of the check may not be such a good idea due to the possibility of a confrontation. What you really don't want is to allow him to successfully lie about you being behind in rent. In PRK, anyway, evictions seem to be shortened if there is nonpayment of rent. But call an attorney. Evictions have to be done according to law. And who knows, the lawyer might be able to get you some money for relocation.
Link Posted: 5/31/2002 10:04:43 AM EDT
Originally Posted By Wadman: What is your fiance's take on this?
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Dude, she is so hurt that they did this, it almost makes me want to cry too. She is feeling betrayed by her family, and she's right to feel that way. We were lied to by them, and are now having the rug pulled out from under us after we took the word of those ass-monkeys that they would make sure we had the necessary time to arrange our plans for moving. They are not even my family yet, and I feel very betrayed as well, and we are both extremely angry. She does not even want to see either of them for now because she knows she will lose it, and I don't blame her one bit for feeling that way. I can hold back my emotions on the subject while dealing with them on this, but she is a woman, and she is by nature an emotional creature.
Link Posted: 5/31/2002 10:07:29 AM EDT
The two of you should leave for Maine, and put them behind you. This shit will eat you both up. Put a lot ground between you and get to a gun friendly state, that is cheaper to live in, and buy or build in.
Link Posted: 5/31/2002 10:10:16 AM EDT
Originally Posted By prk:
Originally Posted By echo6: Yep thats the way to do it. Then come tax time I'd hit him with the 1099's too. You know you can amend your returns going back several years to add older 1099's as well[}:D] echo6
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Your own personal tax return has nothing to do with the 1099(s) you would issue regarding rent you paid him. If it was office rent for a business you had, that would be different (though still indirectly) since a business is entitled to deductions for 'ordinary and necessary' business expenses. But the rent you paid is not deductible on your personal return. The 1099 is totally a separate item with the IRS. I'm not a lawyer, either, but I would suggest you get one, one who has a good reputation for representing tenants. If you have any kind of documentation that you paid rent, keep it. If you pay one more cent in rent, make sure you do it as prescribed by (or even through) your lawyer, in a way that you can prove it (by check, with appropriate notations on it / written receipt, showing the property address you're paying for, with a witness if you are personally delivering the check). Personal delivery of the check may not be such a good idea due to the possibility of a confrontation. What you really don't want is to allow him to successfully lie about you being behind in rent. In PRK, anyway, evictions seem to be shortened if there is nonpayment of rent. But call an attorney. Evictions have to be done according to law. And who knows, the lawyer might be able to get you some money for relocation.
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I know the 1099's don't have any bearing on my returns, but they sure will on his. I'm trying to figure out if we can submit 1099's for prior years, but I have not been able to determine that yet. It may not be possible. As far as paying our rent, I always wrote a check, and always noted that it was for rent, and of course I have all those check stubs available. As far as moving expenses being covered, I really don't care about that. I just want to get this all behind me as soon as reasonably possible so I can go about cutting these jerks out of our lives.
Link Posted: 5/31/2002 10:11:37 AM EDT
I would do some BIG THINKING before you carry the situation to an eviction. Revenge is a dish best served cold. The 1099 approach is good. However you should only report TRUTHFULLY the yearly exact amounts you paid, otherwise you're digging a big hole for yourself. (Lotsa people have been busted for filing false 'overreported' 1099s on judges, cops, politicians, etc.) Depending on circumstances, your staying in your rental until the last moment could be construed to be an 'unlawful detainer' - even with rent paid up till the last minute. This could well go on your credit report and affect your ability to rent other properties or get a mortgage. Remember, your credit report will only have something like a 2 digit code or one-line entry, with no surrounding explanation. Your next landlord will just think "problem child" and likely move to the next applicant - that's what I'd do. (Or charge you higher rent, deposit, etc.) And even if your landlord doesn't file credit info to a bureau, most court records, judgements, evictions, etc. are purchased and entered into databases. Don't f*ck yourself in an attempt to f*ck someone else! Bill Wiese San Mateo, CA
Link Posted: 5/31/2002 10:16:23 AM EDT
revrat, Ok, time for some good news. A good realtor and mortgage company can get you into a house in about 2 weeks! Don't stress about your new mortgage, just follow the following bits of advice and you'll be home owning in no time! 1. Find a mortgage company that is FHA approved in house. 2. Make sure this mortgage company has LP capability. LP is an automated underwriting program that will get you approved in about 10 minutes. 3. Get your pre-approval and then go house shopping. 4. Let your buyer's agent know that a condition of the sale is a very quick response and acceptance from the sellers. 5. Stay away from 'dual agents' as they do not work for you, they work for the seller first and only. 6. Be flexible and instead of falling in love with only one house, have two or three that you love equally. If you have any questions or need a pre-approval, give me an email. Matt
Link Posted: 5/31/2002 10:16:27 AM EDT
Link Posted: 5/31/2002 10:23:01 AM EDT
Originally Posted By Paul: Evictions are a bad thingie on your credit report and will cause the lender to really look deep into your finances. If you have flawless credit it shouldn't be too teribbly bad. The creditor isn't going to want to hear a story - especially one where to tried to screw someone back. Even if you had a month-to-month lease 30 days notice is all the landlord is required to give you. You didn't even have a lease so you really screwed yourself. Suck it up, live, and learn better next time.
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I thought of getting him to do a lease, but then figured, what the hell it's her family, they wouldn't screw us. Definitely learned a lesson there. I don't really want to get evicted, or even overstay my time one minute, like I said earlier, I want to get this all behind me and delete them from our lives. If I end up having to stay little longer than I want, then so be it, but I won't unless I absolutely have to.
Link Posted: 5/31/2002 10:26:23 AM EDT
$1200/month and you weren't even in a mortgage? Wow, Kali is really out of control! We pay high rent here, but it's by choice--we could be paying for a house if we really planned to stay in New Jersey of the South. You're getting screwed.
Link Posted: 5/31/2002 10:30:01 AM EDT
Find a pet store that sells live termites... [:D]
Link Posted: 5/31/2002 10:32:59 AM EDT
Originally Posted By wiggy762: revrat, Ok, time for some good news. A good realtor and mortgage company can get you into a house in about 2 weeks! Don't stress about your new mortgage, just follow the following bits of advice and you'll be home owning in no time! 1. Find a mortgage company that is FHA approved in house. 2. Make sure this mortgage company has LP capability. LP is an automated underwriting program that will get you approved in about 10 minutes. 3. Get your pre-approval and then go house shopping. 4. Let your buyer's agent know that a condition of the sale is a very quick response and acceptance from the sellers. 5. Stay away from 'dual agents' as they do not work for you, they work for the seller first and only. 6. Be flexible and instead of falling in love with only one house, have two or three that you love equally. If you have any questions or need a pre-approval, give me an email. Matt
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I have 3 mortgage packages that I'm weighing against each other right now, and once I get down on which will be the best for me, I will go ahead and get the pre approval. Come to find out there is a big difference between pre-qualified and pre-approved! Bummer! They are pretty good looking offers on the face, but I'm still combing through them. The big decision I'm trying to make right now is do I want to go with a 80/20 combination loan, and not pay for PMI, or go with a regular loan and pay the PMI. The monthly payments seem to work out about the same, but it looks like a better tax write off to do the combo loan. I'm still trying to hash out all the details right now, and she's out looking in the neighborhood we were looking at couple months ago with the realtor.
Link Posted: 5/31/2002 10:34:41 AM EDT
I would pass on forcing an eviction. It is more likely to hurt you than it is him. I like the idea of being present for the inspection. You know far more about what is wrong with the house than anyone else. Sit down ahead of time and recall every problem you have had with the house and the "fixes" he made. Make notes and bring tham with you. I don't think that you need to go to the trouble of filing 1099's. Simply take all of your cancelled checks for the rent you have paid over the years to your local office of the IRS and tell them that you have been paying this guy rent all this time and you believe that he hasn't claimed it as income. They should start lubing up their anally-inserted microscope pretty quickly. I have to go over to the IRS office this afternoon and I will confirm this. Give 'em hell!
Link Posted: 5/31/2002 10:39:49 AM EDT
Link Posted: 5/31/2002 10:40:30 AM EDT
Originally Posted By trickshot: $1200/month and you weren't even in a mortgage? Wow, Kali is really out of control! We pay high rent here, but it's by choice--we could be paying for a house if we really planned to stay in New Jersey of the South. You're getting screwed.
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Actually, $1200 a month is awfully low for rent out here. I'm about 45 minutes north of SF Bay, and the closer you get to SF, the higer it goes. If the house I'm in now(4br/2ba) was in San Rafael or Sausalito, or one of the closer suburbs, it would go for around $3500-4000 a month, but since we are family(or almost for me) we got a pretty sweet deal up until the other day.
Link Posted: 5/31/2002 10:44:56 AM EDT
Originally Posted By Nimrod1193: I would pass on forcing an eviction. It is more likely to hurt you than it is him. I like the idea of being present for the inspection. You know far more about what is wrong with the house than anyone else. Sit down ahead of time and recall every problem you have had with the house and the "fixes" he made. Make notes and bring tham with you. I don't think that you need to go to the trouble of filing 1099's. Simply take all of your cancelled checks for the rent you have paid over the years to your local office of the IRS and tell them that you have been paying this guy rent all this time and you believe that he hasn't claimed it as income. They should start lubing up their anally-inserted microscope pretty quickly. I have to go over to the IRS office this afternoon and I will confirm this. Give 'em hell!
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Dude, let me know what they say. I've never seen the IRS at work up close, and he would make an excellent subject for me to observe while being disected by the IRS.
Link Posted: 5/31/2002 10:46:11 AM EDT
Best things have already been said. You don't have to lie, you don't have to do anything illegal. Just tell the truth. Tell the IRS how much money you paid this guy. Tell the city inspector's office that this guy liked doing work without drawing a permit and you're "concerned" that some things (wiring, gas plumbing) might be dangerous. With very little luck, this guy is royally screwed. Good luck
Link Posted: 5/31/2002 10:57:49 AM EDT
Link Posted: 5/31/2002 11:00:58 AM EDT
Originally Posted By revrat: I'm trying to find a way to really screw this a$$hole over in return, and the only thing I have been able to come up with that will not land me in prison is to serve him up a 1099 for for all the rent money we have paid that he has not claimed. Any ideas from you guys on how to LEGALLY put the proverbial penis into his anus?
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The IRS has a hot line to rat-out tax cheats. You might even get a cash reward based on what they collect. Doing well by doing good, so to speak. Also, as has been mentioned, to FORCE you out he has to get an eviction order. Do unto him as he did unto you. Tell him that you are moving, found a place, will be gone in 3 weeks. Oops, 4 weeks, max. Oops, just a couple more days. Do or say whatever you need to delay him starting eviction. When he finally DOES get the eviction notice, you will generally have, yup, 30 days to get out. But, if you work at it, you should be able to find a place in 2 months, if that's the best you can do. Heck with proper stroking you may get three months or much more. Owners of rental property have been known to PAY people to move out because the whole process of foreclosure is expensive, time consuming and an all-around pain.
Link Posted: 5/31/2002 11:13:23 AM EDT
Originally Posted By RikWriter: Find a pet store that sells live termites... [:D]
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Hell, I'll send him a mason jar full for free. I've got a yard full of them. 1. Do not take a mortgage with PMI. It's money down the crapper. Put down 20% if you can. 2. Call the local tax office from a pay phone and ask about the procedure for turning in a tax cheat. Remember to ask about your cut of the take. 3. Make a list of everything that's wrong with the house. Annotate the list to indicate the things that a) the owner knew about and did not fix, b) knows about and did fix,and c) "improvement" projects. He's required, by law, to disclose all the defects that he knows about. Give a copy of the list to the buyer, the buyer's realtor and (if you can manager it) the home inspector when he comes. 4. Laugh all the way to the bank when you do your taxes next year.
Link Posted: 5/31/2002 11:17:04 AM EDT
Okay, just finished talking to the friendly folks at my local IRS office (no really, they're pretty decent folks here.) The genetleman there said to gather up all of the cancelled checks that you used to pay rent (or copies, if that is all your bank provides) and take them to the local IRS office. Also, you'll need to indicate what leads you to believe that he has not claimed this money as income. Think back to any conversations you might have had with him during tax season. If you know where he keeps his copies of his returns, maybe you can get a peek the next time you are over to his place to visit (that last part is my advice, not the IRS's.) The gentleman from the IRS said that your name can be kept confidential if you wish. Good luck!
Link Posted: 5/31/2002 11:20:15 AM EDT
revrat, If you do not have a formal lease, you won't go very far in the eviction process. You can your fiance could be considerer trespassers and could go to jail for not leaving the premises when ordered to do so by the land owner. On the other hand, if you feel that you should strike back, reporting his rental income to the IRS is certainly an option. What you may want to consider before taking this action is the consequences of pissing off your informal step-father-in-law.
Link Posted: 5/31/2002 12:00:53 PM EDT
Hey guys, thanks a ton for all the advice. I really feel better. This seems to not bother me as much to think it all through again after hearing thoughts from folks with something to offer without being involved in this mess. You guys are OK in my book!!
Link Posted: 5/31/2002 12:09:39 PM EDT
just show sr. sphincter your guns. and say F* OFF Ass hole
Link Posted: 5/31/2002 12:09:51 PM EDT
Dude, make sure to keep us posted about how things turn out. You know, so we can make sure you're okay, not just so we can read about the payback! [:D]
Link Posted: 5/31/2002 12:10:17 PM EDT
[Last Edit: 5/31/2002 12:17:09 PM EDT by eje]
revrat, I'm an eviction defense attorney in So. Cal. and I can appreciate your situation. Here is how I would recommend you handle the situation: 1) If you can negotiate for more time to move, and avoid having an unlawful detainer action filed against you, this is your best course of action. 2) Retaliation at this point in time is counterproductive. You need more time to move, without an eviction lawsuit on your record, and you may need a reference if you need to find a rental on a temporary basis. If you piss off your fiance's mother and BF, you will not get either one of these. I know it sucks, but you may need to rise above your anger and try to work this out informally. 3) Contrary to popular belief, unless your tenancy is rent-controlled or government subsidized, there is nothing easier than evicting a month-to-month tenant in California on 30-days' notice in the situation you describe. You can delay the process if you file frivolous motions or fraudulent bankruptcy papers, but you've got to pay someone to do this (unless you want to spend the time trying to figure out what to do yourself) and it won't buy you that much time anyway. 4) No money judgment will show up on your credit report unless you go to trial and lose. However, as some of the posts mention above, the filing of the UD is public record, and in some areas (L.A. is one of them), there is a service that landlords subscribe to that will check public records and give landlords a report of any evictions on your record. For landlords who subscribe to this kind of service, any eviction on your record is the kiss of death. They won't rent to you. 5) If you really can't move out in 30-days and the mother and BF file an unlawful detainer action (UD) against you, here is a general timeline: a. after the UD is filed and the summons and complaint are served, you have 5 days to file your answer. (Even if the summons is not served properly, I always advise my clients to file anyway, because process servers do lie on proofs of service, and if you get defaulted, you may not be able to do much about it as a practical matter). b. once you file an answer, the landlord will typically request a trial date within a day or two, and the trial must be set for hearing within 20 days. In the Valley area of L.A. where I practice, the trial will be set in about 15 days. c. if you go to trial on the case you describe, you are going to lose (unless there's some technical screw-up on the landlord's part that the judge picks up on). It may take a day or two to get the paperwork (judgment, writ of execution) to the sheriff (or whoever does the lockouts in your area) and it will then be about 10-days to 2 weeks until the actual lockout. If a money judgment is entered against you, it will include damages (i.e., daily rental value) for each day you occupy the house through the date of judgment. All of the above is general and subject to exceptions depending on where you are. Again, if it's still possible to have a reasonable conversation with the mother and BF, I would just approach them and tell them that the 30-day notice really has you in a jam, you're planning to move out, but you need more time. See how that goes first.
Link Posted: 5/31/2002 12:15:48 PM EDT
Originally Posted By revrat: I have to vent before I explode. I live with my fiance in a house owned by her mothers BF. We pay $1200 in rent per month, with no lease. Cash and carry type of arrangement. It seemed to be a pretty sweet deal until late last week. Let me tell you about it. We heard him talking about maybe putting the house we rent on the market 11 months ago, and we began looking into moving to another place to allow this to happen. No big deal really, and he decided not to sell the house, and wanted to just keep us there. That was fine with us. Life went on, and we heard more of the same type of conversation about 2 1/2 months ago. We started to look into buying a place of our own, and he talked us(mostly her) out of it saying that he was not selling anytime soon, and if he did, he would be sure to give us plenty or notice prior to putting it on the market to facilitate our requirements to find a home. Well, he tells us last week that the house was going on the market at the end of May. This was not really what I called good notice, and kind of pissed me off, but rather than be pissed off, I went into high gear to arrange a mortgage and find a house. The for sale sign was up the next day, and they are signing papers to initiate the sale to a family this morning. We are notified today that we are to be out in 30 days. This is driven by my fiances mother and her BF(for all intents and purposes, my fiances stepfather). Come to find out from the realtor, this has been in the works for a year. A freaking year, and this knuckle head just left us flappin in the wind. This is not something I would even do to someone who I disliked, and especially not family. I could kill them both! If any of you have bought or sold a house in the past, you know that it is a SLOW process generally, and now I have to do it fast, and on someone else's time table. I am stressed to the ragged edge over this, and my girl is totally overwhelmed. She is so hurt and pissed off at being screwed over so harshly by family that she is near hysteria. I'm trying to find a way to really screw this a$$hole over in return, and the only thing I have been able to come up with that will not land me in prison is to serve him up a 1099 for for all the rent money we have paid that he has not claimed. Any ideas from you guys on how to LEGALLY put the proverbial penis into his anus? Sorry to be so long, but I have to vent!!
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When did the house get shown? Did the guy show the house when you were not there? If not why did the future owners buy the house sight unseen?
Link Posted: 5/31/2002 12:41:57 PM EDT
eje, thanks for the words of advice there. I do plan on trying to actually be out of there ASAP, and I may actually be able to do it after making some calls this morning. I can speak to him and even be civil about it, but I will take a couple of cool-down days first so I don't end up trying to play amatuer dentist if the conversation goes south. I don't think my girl can even talk to them right now. The more I talk to mortgage folks, the more it looks like I may be able to get out on his timetable. Like I say, I want to get out fast so hopefully any eviction action will never even come up, and it is appearing that I can actually be successful here. Eagle1911, his realtor showed the house to a couple of families while we were at work. I just know that they were there, along with some other realtors between Tuesday and Wednesday, and one of them entered a bid which he jumped on right away. From my understanding, they were all supposed to schedule with us(the occupants) 24 hours in advance to see the house so we could get the place in order(it always stays that way anyhow), and pick up valubles so prospective buyers don't get sticky fingers. We got exactly zero calls to make appointments, and found several realtors cards left on the table between Tues and Wed when they were there. Thats a whole other aspect that pisses me off, having total strangers just come in unannounced where all your stuff is, and you have no control, because they didn't bother to let you know they were coming like they were supposed to. I damn sure would have made it a point to be there when strangers are touring around inside my home.
Link Posted: 5/31/2002 4:00:06 PM EDT
The trick here is not to phuck the house up so that problems and cost appear later. The guy is probably selling the house as "good working order". So with that knowledge, get busy. First, you don't need termites... just the droppings. Use a straw to strategically place new piles in the attic where the home inspector will see them. Dent some screens while poke some holes in others. Pour water from the top of the water heater and let it pool underneath. Keep doing this until water trails and rings appear even if dried. Better still, find out when the home inspector is coming and make sure the area is still damp. Remove a significant amount of insulation from the attic and crawl space (if applicable). If you don't have a deposit, take advantage of this. Pee on the carpet and if you have a dog it will most likely start to pee there too. Have fun. Find out if the landlord is doing a 1031 exchange (tax code - allows to roll over sale proceeds into another equal, like-kind exchange without paying taxes). If so, then he is declaring rent payment.
Link Posted: 5/31/2002 4:25:42 PM EDT
All of the above without lieing or tearing anything up is best. Best lesson a girl friends mothers boy friend is not family. Best of luck Bob [:D]
Link Posted: 5/31/2002 4:32:15 PM EDT
Several times you mention how hurt and angry you and your fiance are. Have you gone in person to the "family" and expressed this? You don't say if you are a believer or not, (you may not think it matters), but if you are, then you know "Daddy" has something better for you, and it will all work out.....
Link Posted: 5/31/2002 4:59:40 PM EDT
Sucks to hear about your misfurtune. Rule#1 Never do business with family where you will be subject to them (family is forever).Rule#2 Allways have a contract (write it out on a bar napkin if you have to)and have whoever sign it. New home owners hate pests (hint). revrat what ever happened to that $2500.00 you had stashed away ? I would guess some uninvited realtor or future homeowner would be the culprit. Good luck..
Link Posted: 5/31/2002 5:00:48 PM EDT
Originally Posted By revrat: eje, thanks for the words of advice there. I do plan on trying to actually be out of there ASAP, and I may actually be able to do it after making some calls this morning. I can speak to him and even be civil about it, but I will take a couple of cool-down days first so I don't end up trying to play amatuer dentist if the conversation goes south. I don't think my girl can even talk to them right now. The more I talk to mortgage folks, the more it looks like I may be able to get out on his timetable. Like I say, I want to get out fast so hopefully any eviction action will never even come up, and it is appearing that I can actually be successful here. Eagle1911, his realtor showed the house to a couple of families while we were at work. I just know that they were there, along with some other realtors between Tuesday and Wednesday, and one of them entered a bid which he jumped on right away. From my understanding, they were all supposed to schedule with us(the occupants) 24 hours in advance to see the house so we could get the place in order(it always stays that way anyhow), and pick up valubles so prospective buyers don't get sticky fingers. We got exactly zero calls to make appointments, and found several realtors cards left on the table between Tues and Wed when they were there. Thats a whole other aspect that pisses me off, having total strangers just come in unannounced where all your stuff is, and you have no control, because they didn't bother to let you know they were coming like they were supposed to. I damn sure would have made it a point to be there when strangers are touring around inside my home.
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Dude, sounds like you have some real problems. Before you do anything drastic, just remember how long your fiances family will be in your life. I do not think you want to create to many problems with her family and risk losing her.
Link Posted: 5/31/2002 6:00:52 PM EDT
That is a real shame. My family has owned apartments for years and have never kicked anyone out (let alone family) for anything other than non-payment of rent or troublemakers. It took us 4 months to get the last assholes out. We didn't get any rent for 4 months. On a side note, I find it ironic in this group that we generally hate and despise the IRS but are so willing to sick them on somebody else.
Link Posted: 5/31/2002 8:15:16 PM EDT
Jbear, "On a side note, I find it ironic in this group that we generally hate and despise the IRS but are so willing to sick them on somebody else". Becouse it's the unamerican way, otherwise we would just go kick there ass out and get arrested for assult
Link Posted: 5/31/2002 9:19:56 PM EDT
My old boss told me about a landlord that completely screwed him out of a bunch of money back in the day in NYC. So, when he was in his new place, it had cockroaches, as most NYC apartments that were cheap did. He got a shoebox, and cut a "mouse hole" style door on it, that he could close back up. Got a few potatoes , cut them up, wet them, and put them in the shoebox. Taped the lid on. Placed the shoebox under a radiator. After about a week, when the box was pretty much full of cockroaches, he closed the little "door" that he cut on the box, wrapped it up, and mailed it annonymously to the old landlord. Didn't get his money back, but it was satisfying.
Link Posted: 6/1/2002 5:37:48 AM EDT
My ex-wife and I moved into a 3,500 sq home in the country years ago. The rent was only $500/month. Great deal to say the least. The owners said they weren't selling the house. However, it was sold 6 months later. We were pissed, but it was cheap rent and they weren't family. We bought a house after that. In your situation, just make sure it's clear to her mother how sick it is to make a buck of her own daughter. I'd make it clear to him you won't lift a finger to help him in any way in the future. At least they could have told you they were trying to sell it and maybe lowered rent a little to keep you there.
Link Posted: 6/1/2002 6:52:00 AM EDT
[Last Edit: 6/1/2002 6:57:46 AM EDT by lazyengineer]
Interesting thread. My take: You were played, this appears to be true, but bear in mind that he was leasing to you at almost 1/4 the nominal rent in the area - hardly what I'd call profetiering. Take care of your own intersts, being spiteful is small and reflects poorly on you as a man. That said, 30 days is pretty unreasonable after leading you on like that. Talk to the guy and say you just can't find alternative houseing that fast. Ask if he can ask the buyers to delay the move in. That's really all he has the power to do, because based on his sellers contract, that house no longer belongs to him in 30 days (if I'm hearing you right). Another option is to try and sour the deal, so as to gain more time. Focus on that inspection. I walked from a house that I had a contract on less than 6 months ago because of the inspection - too many problems! These new owners may very well do the same, and unless their realtor is an idiot they'll have a clause in the contract that will let them walk. Be sure to list out everything wrong with that house, and leave that in a nice envelope clearly labeled on the kitchen counter. If you can, write that it's for the new owners (name) on the envelope in nice big letters (the inspection will doubtless be while you're away). If you don't think they got it then, mail them a copy after the inspection (But not before, initiation contact with them will make you look wierd and spiteful - you'll be marginalized in their eyes very quickly). You could make a few superficial "improvements" to the house as mentioned in the prior post, but one could call that vandilism or even fraud - don't do anything that's going to hurt you in the end. If none of that works, then talk to the new owners after they've closed. Tell them the truth - that you were told by the owner, who was family (sorta), that you had the place indefinitially and were fraudulently lead on. You're not spiteful or anything, but that you're working as dilligently as possible to seek alternative housing and you'll be gone in XX weeks. As a carrot, mention that you'll fix some of the things that are wrong with the house while you're occupying the house. The cheap and easy stuff of course. Yea it sucks, but it'll make the pill easier for them to swallow and life is much easier when everyone's happy. They may not like it, but if XX is less then 4 weeks after closing, they're not going to have to time to evict you anyway so they'll just have to sit tight. How diligent you are on those home repairs is up to you. Alternatively, you could (and probably should) offer to continue your rent payments to them for those few weeks. One thing's for sure, you're Christmas budget for the in-laws just got slashed. I'd seriously avoid lots of close contact with them if at all possible. Also, you really should sit down and compose a letter to the in-laws of what went wrong and how you two feel seriously screwed. Don't send it right away, but you need to collect your thoughts because I bet in their eyes they've done nothing wrong. In their eyes you probably owe them for being such nice folks and renting to you at such a good rate. If there's no understanding, there can be no peace - you're going to need to talk eventually. -Lazy
Link Posted: 6/4/2002 11:34:24 AM EDT
Well guys, after some serious thinking and cool-down time on this whole landlord deal, I am coming to see the light at the end of the tunnel. We actually found a house that we both really love, with a nice lake across the street full of big old bass, and the price is right, and the place is pretty much cherry. It looks like we will be in by the end of the month assuming the bid we made is accepted, and it should be(I should actually find out today or tomorrow). I'm still pissed about her family screwing us, but thats slowly fading, and the fog of my anger is clearing more with every step we get closer to being in a new place without them hanging over our heads. I can eventually come to forgive them for this, but I will never forget. There were some important lessons learned, and in a weird way I kind of appreciate it, at least for the "life experience" we have gained. Certainly we have a better appreciation for where we really stack up in her families eyes. At least that much is clear to us, and we can take them for what they are worth in the future, and that ain't much. I might, aw hell, probably will take a few shots at them in the future, but for now my priorities lie in providing a good home for me and my little woman. Thanks a lot for the words of advice you guys gave. I do really appreciate that. When this whole thing blew up on us, we were totally at a loss, but it looks more and more like we are going to come out on top of the whole situation, while the family has exposed themselves as being a pretty poor example of how family should be. They will be getting the amount of respect and consideration due to someone who would sell out their own daughter for the low price of a couple months of rent. Thanks again, and I'll update when all is done and settled if anyone cares know the outcome.
Link Posted: 6/4/2002 3:02:27 PM EDT
Originally Posted By revrat:
Originally Posted By trickshot: $1200/month and you weren't even in a mortgage?
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Actually, $1200 a month is awfully low for rent out here. I'm about 45 minutes north of SF Bay, and the closer you get to SF, the higer it goes. If the house I'm in now(4br/2ba) was in San Rafael or Sausalito, or one of the closer suburbs, it would go for around $3500-4000 a month, but since we are family(or almost for me) we got a pretty sweet deal up until the other day.
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I guess I'm in a rather tiny minority here. It sounds like you had a great deal while it lasted, and the only thing he did wrong was to cut you short on your time to move. And for saving you, what, tens of thousands of dollars in rent money over the last few years, you want to fuck him over with the IRS? or try to wreck the house sale?? Would you even be able to afford your new house if he hadn't been giving you such a great deal for the last few years? To me, it sounds like you're being extremely ungrateful, to put it mildly. Yeah, 30 days is a pain in the ass, but he was already losing a ton of money by renting it to you for such a low rate. It doesn't sound like you've even attempted to negotiate a slightly longer period with him -- you could at least talk to him before you throw a screaming tantrum, try to send him to prison on tax evasion, trash his house, and try to wreck the sale.
Link Posted: 6/4/2002 11:52:17 PM EDT
I pretty much with 24 hour achmed on this one. Try to think positive. You had a good rate in the past. You learned 1. That a GF mothers BF is not family. 2. Even if he was family, you still shouldent depend on his goodwill without a contract. You have the incentive to buy a house. This is probably the best investment you can make, assuming you get a good deal and the housing prices don't plunge. Remember: Success is the best revenge! and What Doesen't kill you makes you stronger There are lots of interesting dirty tricks you can perform, but you should just hold them up your sleve for the time being. I'm a firm believer in the concept that what comes around, goes around. He will get his, just watch and see. Just stick with the positive, and avoid the negative. (especially that BF) Good luck with the house.
Link Posted: 6/5/2002 1:35:20 AM EDT
on your last day in the house, go down to the pet store and get some cheap mice and rats and let them go free in the house, leave some food in the spots where the inspector will notice the rat droppings.
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