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    toc123's Avatar
    toc123 Posts: 1, Reputation: 1
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    #1

    May 3, 2018, 04:07 PM
    Rented from family with no lease, just verbal agreements
    I rented an investment property from my sibling when it would not sale. There was a verbal agreement but no written lease. At the time I said I would only rent the property if it had a washer/dryer hookup in the building/condo. I was told I could put one in at my expense if wanted and all would be reimbursed to me if I ever decided to move out. I was told I could live there as long as I wanted to and was even told by my nephews' that in the event they would still be happy to rent to me.
    Now my sibling is having issues with another property and wants to sell this property and have me move into the other property. Which I do not consider an option.
    I'm not financially in a position to handle cost at this time. They do not want to reimburse me for the w/d cost (electrician, plumber and unit) until they have sold the property.
    I have been here 2 years and would never have moved in and done updates in bathroom, put out monies besides the rent if I had known it was not to be long term.
    What are my rights here?

    Thanks in advance for any help or suggestions.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    May 3, 2018, 05:23 PM
    You should have had a red flag 2 years ago, when they wanted you to pay for the updates, and if you did pay, not to pay you back within a month.

    There is no lease, and all rental is then month to month, so yes they may ask you to leave.

    You have a verbal contract for the repairs, which you may ask them to pay, and sue for it, if they will not pay.
    talaniman's Avatar
    talaniman Posts: 54,318, Reputation: 10854
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    #3

    May 4, 2018, 07:40 AM
    Please clarify the nephews involvement in this property, and if you would have to move if the property was sold to a new owner. Is it possible to continue living there under the new owner (With a written lease of course)? What makes the other property your sibling has NOT an option Even if he agrees to financially help you move?

    Anywhere you rent or lease is subject to higher costs when the rental agreement expires (typically 12/13 months), and you have to choose to renew or not. This is no different, but you are entitled to be reimbursed, as per the terms of your verbal agreement. I think that you can sue for these monies if you move, but on balance the problem is you have nothing long term in writing, and no telling when the property can be sold it, didn't sell before, so don't panic, PLAN.

    I would be getting my ducks in a row for the worst case scenario, I would have to move. Be it your sibling or not, if you want long term security you get it in writing, even if it was an offer you couldn't refuse. The same planning you used to upgrade your apartment is the same planning you must use to give yourself a way to move if need be and while that possibility is stressing, you must face and solve it. Really you don't know what will happen, but a plan of action would be helpful. Maybe you don't need it, but to have it in case you do, would relieve some stress I'm sure.

    This is a common problem among renters, and the number one rule, is NEVER pay to improve someone else's property, unless you have terms of reimbursement in writing. For now you should be negotiating all your concerns with your sibling and getting it in writing, at least get a timeline under which you can make a reasonable plan and end this UNCERTAINTY.

    You always need a PLAN B in case Plan A has a glitch. You had two years of no raise in rent, but that may be coming to an end, so start making a PLAN B. Lastly it's a breech when he changed the verbal terms of your agreement when said he would reimburse you for your upgrades after you moved, to when the property was sold. That's unacceptable! Unfortunately the court is the only remedy if he will not change that position.

    Along with my other questions at the beginning of this post I would like to know if this unit is even on the market yet? I ask because good decisions about future actions have to be based on FACTS, and not just the feelings of possibly changing circumstances. You start with talking to your sibling and looking out for YOURSELF first. Sibling or not if he plays hardball so must you. At least hold him to the original deal he agreed to, you move, you get your money (Or take it out of the last moths rent!)

    Get it in WRITING.

    I assume your rent is current, and how many apartments in this unit, are they occupied if more than one? If I am not mistaken an occupied building (OR is this a single family dwelling? BIG difference) is more attractive on the market than an empty one, and you can demand a written lease, but he may raise the rent. Get the FACTS!

    Await your response.
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #4

    May 4, 2018, 07:46 PM
    As they say, "water over the dam". It sounds a bit convoluted with siblings and nephews but I'm not sure you have a good case for any recourse. No lease, all verbal. You say, they say. Why, may I ask, is moving not an option?

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