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  1. #1
    Join Date
    May 2008
    Posts
    8

    Question Eviction By Father-In-Law

    My question involves an eviction in the state of: Michigan

    In Oct 2006 my husband signed a lease agreement with my father in law (for a term of 8 years) to lease his parents house for $0 per month. we pay ALL utilities and maintanence. The arrangement was when we sold our exsisting home that we left to move in to his we would pay him for his house.

    Unfortunetly for everyone involved the housing market in Michigan isnt very good, so its taking longer to sell our original home than anyone thought. We have even dropped the price below market costs to try and move the house.

    Our original home that we left is occupied by a renter that has signed a rental agreement with us that she will vacate our home when we sell it.

    My question is hopefully really simple, since we have a signed lease from my father in law, my understanding is as long as we dont violate the lease he cannot evict just to gain his home back. He must show some cause.

    Any help on this would be great, Its hard to imagine how nasty a family eviction could be. We have two small children (his grandkids).

    We have the lease which was signed by my husband and father in law, and we have other family members who heard his verbal contract with us as well at the time of the signing.

    Thank you so much

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Father In Law Eviction

    Do you have reason to believe your FIL would do such a thing?

    This document spells out the reasons why a tenant may be evicted and the procedure to do so.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Father In Law Eviction

    It's a pretty typical family situation. You promised to sell your house, your father-in-law anticipated that you would promptly do so, and now you're expecting him to subsidize your lifestyle indefinitely and he resents it. When you start talking about your "right" to live in his house for eight years without paying him a dime, he probably feels like you set out to trick him at the outset. The "eight years" was your idea, right?

    If you want to stop this from growing into a larger problem, start paying him enough rent to keep him happy, or sell your house. After all, the problem isn't the market itself - real estate sells in this market. The problem is that your asking price is too high for this market.

    If this went to court, and I were representing your father-in-law, I would try to argue that the lease isn't valid because he gets nothing in return for your staying in the property. (Sorry, but it's pretty typical for tenants to pay their own utility bills.) Also, this "lease" sounds pretty ad hoc. Landlords have duties of maintenance and repair that cannot be waived. So if this is something you wrote yourself, it may not even be in proper form to be binding.

  4. #4
    Join Date
    May 2008
    Posts
    8

    Default Re: Father In Law Eviction

    1st we havent been iving in my FIL's house for 8 years ,we signed the lease in August 2006. The 8 years was his idea. He expressed to my husband that he is too old and tired to care for the house so he wanted to make it worth our while to move in and stay. since we had outgrown our old house, we ALL thought this would be an ideal solution.

    The place needed some repairs which my husband agreed to do AND PAY for while we reside there.

    As for selling our home we have dropped the price 25,000 below market. It has been on the market for 18 months not 8 years. Im not sure where we said we have been selling it for 8 years.

  5. #5
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Father In Law Eviction

    I don't believe an 8 years lease is legal nor enforcable in Michigan.

  6. #6
    Join Date
    May 2008
    Posts
    8

    Default Re: Father In Law Eviction

    The attorney we faxed the lease to says and I qoute "It has teeth".

    So whos to say

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Father In Law Eviction

    Now that you have one, your attorney is to say. Good luck.

  8. #8
    Join Date
    May 2008
    Posts
    8

    Default Re: Father In Law Eviction

    Quote Quoting aaron
    View Post
    Now that you have one, your attorney is to say. Good luck.

    Were still hoping it wont come to this....but who knows.

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