Check out some similar questions!

luckiness04 · Feb 25, 2011, 09:11 PM

My Parents have a rental home abovge their house in WV. They decided they would rent to a cousin. The cousin wanted a land contract. My mother told him no twice. He came back and ask her if he came up with the money if he could buy the house outright. She said yes. He then ask he if she would deduct some of the rent they had paid from the total asking price. She wrote three reciepts with a balance after deducting part of the rent. Two months after writing the third receipt with a balance he quit paying. She has taken them to magistrate court twice. He went to court and says there was a land contract and the magistrate is calling the receipt a contract. THEY HAVEN'T PAID RENT IN 8 MONTHS!! AND the payments they did make were mostly partial payments. They can't hear the case so it was dismissed. There are NO written contracts. NOT EVEN A RENTAL LEASE. He has cussed us, threatened us, and the entire yard is full of garbage. I know my parents were stupid and VERY naïve for doing this but we have to get it fixed. We are going to circuit court now. We JUST want them evicted. They have put cabinets in the house he wants money for but that's fine. Will we have to pay him back? Can they just evict him or is it going to be more complicated than that? Do we HAVE to let him pay back the money and let him stay or just end this like we want to?

AK lawyer · Feb 25, 2011, 09:33 PM

Even if he had a contract to purchase the house, he breached the contract, so his alleged right to purchase is extinguished.

Without a written lease, he is a month-to-month tenant, who can be evicted with a months written notice.

Unless there is something you are not telling use, it seems like a cut and dried case of eviction.

luckiness04 · Feb 25, 2011, 09:51 PM

Thanks! He has already told someone that his defense is going to be that my mother wouldn't accept 4 months of late rental payments. He says how can he pay if she won't take the money. They have directed us to circuit court. Should we get a lawyer?

luckiness04 · Feb 25, 2011, 09:56 PM

He has already told someone that his defense is going to be that my mother wouldn't accept 4 months of late rental payments.(So he says - She has ask him for a payment three times since we gave him a written notice in July.) He says how can he pay if she won't take the money. They have directed us to circuit court. Should we get a lawyer? We filed for eviction twice but they dismissed it both times. I'm hoping circuit court will evict them.

AK lawyer · Feb 25, 2011, 09:57 PM

Originally Posted by luckiness04

Thanks! He has already told someone that his defense is going to be that my mother wouldn't accept 4 months of late rental payments. He says how can he pay if she won't take the money. They have directed us to circuit court. Should we get a lawyer?

Yes, your parents definitely need a lawyer for this.