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  1. #1
    Join Date
    May 2008
    Posts
    6

    Default Step-Father Wants Evict My Family

    We been in the house for 8 years and I'm been paying part of the mortgage in the amount of $500.00 per month. I pay all the bills and my father has done all the maintenance for the past 8 years. The house is in trust to me / my son (I found this out when the bank sent a letter to the house).
    My mother and step-father brought the house during my divorce "battle" to help to gain custody of my son (which we have shared currently). This was verbal agreement between us that I would always have a place to live with my son. If I lose the house I could lose custody.

    Over the past few years my step father mental health has deteriorated (*83) and he has cancer and other health problems. He has been threatening us with selling the house for years. i.e.; I don't come down to visit or to dinner and I been doing some a great deal of Graphic Work for them during the past year in lie of the payment for the house * this was verbal agreement. When I wanted to stop doing the work ( it was becoming too much work for me $1000 work for $500) He has retaliated with letters, emails and verbal threats for selling the house. Letter's where not legal

    They hold the house over me to do the work and to remain close to them and control our lives. I have to keep them happy to stay in the house They even stated that my father who health is bad ( he disabled ) is not to be at the house even though he watches my son every day and he does most of the maintain and repairs on the home.
    I've invested 8 years into this home and it show's. With a new pant job last year ( major $'s) and a lot of landscaping and extra's I put into the house. This was all out of my pocket.

    He told me he wants to sell because he can't afford the house. *The house next door has been for sell for 3 years and others also.
    My parents own other homes and three business-have a ton of stock, and go on trip all around the world on a whim.

    I willing to take overall take payments for the house if they let me take the house. It's a 15 year mortgage, and 56,000 is left. I would be the home owner with out the stresses of the constant threats of selling when I not a good girl to them.

    I really do not want to talk to them as my step father and mother has in the past been very abusive verbal and physical towards me and my son (9). * My step father grabs and hits my mother. He did this once to me and ONLY ONCE.

    He wants the keys this week, and wants us out in 30 days! This was all verbal when he called last night. He coming to the house this week! Help

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Step-Father Wants Evict My Family

    How about identifying your state? Laws are different in each state.

  3. #3
    Join Date
    May 2008
    Posts
    6

    Default Re: Step-Father Wants Evict My Family

    Florida Central

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Step-Father Wants Evict My Family

    First off, if your step-father is a reasonably ordinary person, you're probably coming across as an ungrateful whiner. You're paying below-market rent for your house, and eight years after your divorce aren't even covering the mortgage payment. When you barter because you don't want to pay cash, and the value you place on your design work comes close to what you might pay if you were carrying your own freight, you complain that he's getting too much for the money. You don't want them "holding the house over your head" or "controlling your life"? Easy enough: Move.

    I have no idea what you mean in suggesting that the house is "in trust" for you and your son. If it's a revocable living trust, it can be taken out of trust as easily as it was transferred into the trust, or the beneficiaries can be changed. So unless you know it's not a revocable trust, and know for a fact the terms of the trust, don't go counting on that preventing your eviction.

    Assuming you're a tenant, and that's all you've established so far, and assuming you have no written lease:
    Quote Quoting Florida Statutes Sec. 83.57 - Termination of tenancy without specific term
    A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

    (1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;

    (2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period;

    (3) When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and

    (4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.
    So assuming you're paying monthly, he can terminate your tenancy on fifteen days notice, then commence an eviction action if you don't move. You can read Florida's residential landlord-tenant laws here.

  5. #5
    Join Date
    May 2008
    Posts
    6

    Default Re: Step-Father Wants Evict My Family

    First, an absive person who Hits and Grabs and puts a gun in their face when they are angry is Not an "ORDINARY or RESONABLE" person"!

    So, I not whining about anything. I know I'm paying below market, but not far below for our area. And I willing to take over the full payments, but that not in the cards. If he sells he will pocket a good amount of money.

    As far as the barter for service. The going rate is $65.00 -$120 an hour for work in my field. The work was quoted @ $700.00 at a local printers at a starting rate to do the work. And if I didn't barter, they wouldn't pay for the work that was done. For many months, I was never paid for for any work I did for them. It was not my idea to barter for the payment but their idea. (* They where using my cell phone and ran up bill in the hundreds, and refused to pay the bill! I ended up paying the bill for the phone.)


    I know the the law well and have reviewed the landlord tenant laws. So, I know how the system works. I may not be a lawyer, but I done well in my divorce (4yrs) custody and other hearings.
    Review 83.64 Retaliatory conduct (1) His actions are based on this issue.

    Try moving in today's world!
    Are you willing to help with my moving expenses and manpower?

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Step-Father Wants Evict My Family

    Oh, yeah... He retaliated against you by holding your rent steady at $500/month for eight years, subsidizing you the entire time.

  7. #7
    Join Date
    May 2008
    Posts
    6

    Default Re: Step-Father Wants Evict My Family

    Something you didn't address!
    You must think that hitting a woman and children are OK also!
    Guess I must think as well, like the Girl in Austria, who's father keep her in hidden home. She had free rent, bills paid and food, and well she must of had it good too. Just had to take that her father raped her and kept her in a prison for her own safety.

  8. #8
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Step-Father Wants Evict My Family

    Ah yes... He grabbed you once. So you get to live in his house forever at below market rents. Well, good luck with it in court if he evicts you.

  9. #9
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Step-Father Wants Evict My Family

    Quote Quoting arose1999
    View Post
    Something you didn't address!
    You must think that hitting a woman and children are OK also!
    Guess I must think as well, like the Girl in Austria, who's father keep her in hidden home. She had free rent, bills paid and food, and well she must of had it good too. Just had to take that her father raped her and kept her in a prison for her own safety.
    What in the Seven Hells has that got to do with you crying about your impending eviction?

    Look, you claim you know the law well. If that's so, then you know that the law is on your step-dad's side and you've got a finite time to start packing. Thirty days, was it?

    You have no legal right to remain in that house. None.

    He, on the other hand, has EVERY legal right to toss you out on your ear. The judge will NOT care that he grabbed you once, and he's likely to give you the "pull up your big girl panties" lecture in much harsher terms than you've gotten here.

  10. #10
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Step-Father Wants Evict My Family

    I'm surprised no one else brought this up.

    The OP is here admitting that her child has been a victim of abuse, and is continually being put in a position where she being exposed to her mother being a victim of abuse. Mom's only concern is not how to protect her child and remove her from the situation, but how to remain in the home where she and her daughter have been hit and basically tortured... and are continual victims of abuse.

    That in itself, should be enough for a change in custody because mom is obviously not a fit parent.

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