A VERBAL agreement was made between a father, and his daughter and son in-law that they could come live in his residence until the couple had become financially stable enough to either build a house on the adjacent property or possibly just taking over his property. (There was never actually nething specific stated in the agreement about when or even if the couple would ever leave the residence, just brainstorming and ideas tossed around because it was years into the future!) The agreement was made that the couple would make a payment every month to the father which would be used to then repay the loan that was taken out to remodel the basment of the house into an in-law suite where the now resides. The loan was to be repaid over a total of 60 months, or 5 years, in which the couple would be responsable for and would pay in full in replacement of any kind of "RENT" to reside in the home. The couple would pay the father on the 25th of every month allowing for a 10 day grace period before the actual date of payment due to the bank that issued the loan. First payment was made by the couple on June 25, 2007 and the first payment made towards the loan by the father was July 5, 2007. The date the couple actually took up residency was in October 2007. Since this time the couple has put other money into the property other then just the repayment of the loan, estimated at at least a couple of thousand dollars. About a year ago the couple fell into some fincial hardships but were able to continue paying the father towards the loan every month until April 2010 when the son in-law went to the father asking if he (the father) would make the loan payment for possibly the next two months (the one for May and the one for June). At the time he was approached all was well and he VERBALLY granted the request and was informed that repayment to him for money then owed would be paid back as soon as the couple had the funds available which would more then likely be in June. On June 7, 2010 the daughter wakes up to find a notice taped to the door. The document heading reads: Failure To Pay Rent - Landlord's Complaint for Repossession of Rented Property Under Real Property secion 8-401! The daughter is not exactly 100% sure what this document is first of all and the amount stated on the document that is owed to the father by the couple is not accurate, as well as a couple more details on the notice!
Obviously the only agreement the father had with the daughter and son in-law was a VERBAL one, so do they have any rights now that the father has decided to go back on what was suppose to be the original agreement, or was it the couple that first broke the verbal agreement when they could not pay the rent in full those few months? And what actions should the couple take next? Do they have any options?
Obviously the only agreement the father had with the daughter and son in-law was a VERBAL one, so do they have any rights now that the father has decided to go back on what was suppose to be the original agreement, or was it the couple that first broke the verbal agreement when they could not pay the rent in full those few months? And what actions should the couple take next? Do they have any options?
