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mitabtrfly
Member since 12/06 2770 total posts
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Lease question
Given the recent bad news...
If you are on the deed to a house, you are considered owner of a house. If the other owner rented out the house w/out getting your permission would the lease be binding?
Problem: DH and his brother own the house we were going to buy. He hasn't been paying the mortgage, but BIL never took him off. When we told him we were looking to move he offered us the house even though we knew he had tenants. We didn't know he had given these tenants a lease until July. He told us he'd make them a great offer, have an apartment for them to rent, and it wouldn't be a problem..and kept stressing how confident he was that they would not turn the deal down.
Well..just as I suspected they did. They went to see the apartment on Saturday, and sent him a text message today telling him they were offended at him offering them $$ and although they liked the apartment it was an inconvenience for them to move by the end of January. I know it may seem selfish..but we would have to pack up as well. We want the house, but are not going to wait until MARCH or JULY to buy it.
So..of course BIL makes it seem like it's our fault. How he got their I have NO idea..but whatever. My question is since DH is still on the deed, can we say he never approved the lease to tell them they have no choice, or would the lease hold up?
At this point, I'm gonna say the house is a dead deal...but just wanted to know if there is/was anything we could do.
Message edited 12/17/2007 2:13:11 PM.
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Posted 12/17/07 2:10 PM  |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
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Re: Lease question
I am not sure about the deed thing but can you move to the apt your BIL has available and put everything in motion to buy the house in July when the lease expires? It would stink to move twice but at least you will be out of your current living situation and know that the house is in the immediate future.
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| Posted 12/17/07 2:20 PM |
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Superkat
More a stranger than a friend
Member since 5/06 9730 total posts
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K
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Re: Lease question
Do you really want to cause problems with your husband and his brother? That kind of "fight" over the house is sure to put issues between them. I think you should just accept that you can't have the house right now and make other plans. If you can wait until the lease is up, great. If not, find another place to buy or lease. But putting up a fight and causing issues within the family is NEVER the optimum solution.
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| Posted 12/17/07 2:21 PM |
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bicosi
life is a carousel
Member since 7/07 14956 total posts
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M
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Re: Lease question
Posted by Superkat
Do you really want to cause problems with your husband and his brother? That kind of "fight" over the house is sure to put issues between them. I think you should just accept that you can't have the house right now and make other plans. If you can wait until the lease is up, great. If not, find another place to buy or lease. But putting up a fight and causing issues within the family is NEVER the optimum solution.
I agree.
Also, you said that your DH has NOT made any mortgage payments and that his bro had a lease with these people. Is your DH on that lease? If not, then I would not do anything.
These people it seems, are aware of how desparate your BIL is to get them out. I wouldn't be surprised if they are willing to use that to their advantage.
Sorry! 
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| Posted 12/17/07 2:24 PM |
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mitabtrfly
Member since 12/06 2770 total posts
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Re: Lease question
Posted by Superkat
Do you really want to cause problems with your husband and his brother? That kind of "fight" over the house is sure to put issues between them. I think you should just accept that you can't have the house right now and make other plans. If you can wait until the lease is up, great. If not, find another place to buy or lease. But putting up a fight and causing issues within the family is NEVER the optimum solution.
I'm not trying to cause a fight..this was just a question DH and myself asked BIL and he didn't have the answer so I came here..that's all.
I know we have to "accept" that we can't have the house right now, I just wanted to see if there was another way...because we are not going to wait until the lease is up.
Message edited 12/17/2007 3:00:59 PM.
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| Posted 12/17/07 2:27 PM |
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lovemy2boys
LIF Adult
Member since 10/07 3915 total posts
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Re: Lease question
Posted by Superkat
Do you really want to cause problems with your husband and his brother? That kind of "fight" over the house is sure to put issues between them. I think you should just accept that you can't have the house right now and make other plans. If you can wait until the lease is up, great. If not, find another place to buy or lease. But putting up a fight and causing issues within the family is NEVER the optimum solution.
I totally agree. and why can't you wait until July to buy the house? Do you have the means to buy a different house?? also, your husband hasn't been paying the mortgage anyway, so I don't see why you would think you have any right to kick out the tenants.
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| Posted 12/20/07 7:35 PM |
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