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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

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Old 06-24-2008, 12:56 AM     #1
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Confused Mom wants to evict me

Current situation: I live in Texas and I purchased a home in my mother's name 3 years ago with our understanding that I would eventually put it into my name. Due to this verbal arrangement, I am currently renting from her. We never signed a contract of any sort, all verbal. Each year I pay @ $1500 in insurance (flood, windstorm and hail), all of the repair expenses, etc., as well as all of the closing costs and down payment on the purchase. She is now telling me that she is going to sell the house unless I pay her $473.00 in back rent. What are my rights, if I have any?
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Old 06-24-2008, 01:51 AM     #2
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Default Re: Mom wants to evict me

Texas ya gotta Loveit.

Everything verbal right. Whose name is on the checks or receipt for property tax. If it is yours, claim squatters right. File a quit pay for taxes loaned plus maximum interest and a second lien. You have been receiving mail right, find a old postmark at that address and then when she calls a deputy show him your drivers license address (better be*). Let the house payments slip 60 days in the arrears. Contact the Creditor and confess a despetive credit app. Apply the 400 odd $$$ to a Deceptive Trade Practices Act suit against her for ten times the disputed amount (add closing cost and fees). You wont win but you will punish her mercilessly, so will her lawyer. When she sends a Xmas card mark it "not at this address". When she dies, discreetly piss on her grave and pray she doesnt re-incarnate!
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Old 06-25-2008, 11:37 PM     #3
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Default Re: Mom wants to evict me

Wow! That poster has some issues with his relatives! Seek some therapy!

Legally, 3 years of paying the taxes and such will not be enough to claim adverse possession of the property. Most states' laws say you have to pay taxes on a place for well over 10 years before you can show overt and hostile possession of the place, and before you can claim it.

Squattors rights only mean you have the right to live there until you are evicted. It doesn't stop a court from evicting you for unpaid rent.

You can't place a lien on a property for willfully paying someone else's bills. You were under no obligation to make those payments. You chose to make those payments. It will be considered a gift. You can't claim a loan when only one person agrees with that and there is no written agreement. She would simply state in court that you were just paying your fair share to live there (equivalent to rent).

Let's get to the heart of the matter. Why does mom think you owe $473 in back rent? Have you been making rent payments to her previously? Where did the sum of $473 come from (an odd amount)?

You said you paid the down payment and closing costs (how much were these?) and have paid $1500 per year in insurance, plus some repair costs. Are you additionally paying monthly rent to her? Does she also live in this house? Who pays the monthly mortgage payments? The yearly property taxes? Please provide some additional info and I'm sure we can work out a sensible solution that will satisfy both you and your mother. I doubt seriously that she wants to sell the house (could this be about some other issue in reality? Less than $500 isn't enough to sell over!) And if she did list the house, chances are it would be on the market for a long time before it would ever sell (houses are just not selling now). Please report with more info.
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