1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

I own a modular home on dad's property he is trying to evict me Unlawful Eviction

Discussion in 'Other Residential Landlord & Tenant Issues' started by Kwinkles, Feb 7, 2014.

Thread Status:
Not open for further replies.
  1. Kwinkles

    Kwinkles Law Topic Starter Guest

    I purchased a modular home and had it placed on a permanent foundation on my father's 40 acre property. I paid all permit fees, construction costs, including septic, water, power, gas, roads. I even paid the first three years property taxes until the county decided they would add the bill to his since he was the property owner. I did all this based on a verbal contact we had I could live there for life with no rent (by paying all fees taxes, costs I essentially paid up front) I would be there for my father and his wife as their health declined and in return I would not have to worry about rent and would own my own home a win win we both assumed. It's now been 11 years and my father is trying to evict me saying he was giving me "LICENSE" to use the property and was now revoking it. He has given me no reason. Neither he nor his lawyer will return my calls
    So I want to know can he do this?
    And how can I fight it?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,173
    Likes Received:
    622
    Trophy Points:
    113

    Wow.... what a horrible situation. It pains me to hear stories like this between family members, especially father and child. I wonder whether it has to do with the wife...

    You will probably need representation. In court, I think that he will have a difficult time proving that all he gave you was a revocable license to place a permanent structure. It just doesn't seem logical nor feasible. Perhaps you can get paid for the costs to build the structure, although that wouldn't be awarded in landlord tenant court. It's an interesting case because, without knowing the details, I wonder whether you can try to have the case dismissed if the home is legally yours. There are a couple of legal theories, some under landlord-tenant law and others general real estate law which come to mind. As you didn't register and may not receive this message, I'll await to hear from you rather than continuing on the basic thoughts that I have currently shared.
     
  3. Kwinkles

    Kwinkles New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    I have registered.. Don't know why it dosent say that? Anyway he actually wondering and I have filed a suit against him for breech of contract and fraud among other things but I think I should be to appeal based on this case not truely fitting unlawful detainer law.. I mean technically shouldn't it be the house itself he can 'evict' from his property not me from my house? And spent I being denied due process of law by being I an unlawful detainer proceeding? I'd be greatful for any reply and will be checking back several times a day in case it dosent show my having regestered

    Sent from my HTC One using Tapatalk
     
  4. Kwinkles

    Kwinkles New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Sorry auto correct.. He won the case... And aren't u being denied due process of law in an unlawful detainer proceeding

    Sent from my HTC One using Tapatalk
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,173
    Likes Received:
    622
    Trophy Points:
    113

    I'm very sorry to hear about the how the case went. I don't know the details so what I'm going to write about is all theory and guessing as to what happened.

    Regarding registration, you may have posted prior to registration in the first post, which I can fix. No big deal as your other posts show you as registered.

    Regarding the unlawful detainer and breach of contract, it's more difficult. He's trying to evict you from his property, which an unlawful detainer action is the appropriate method and you have your day in court to discuss your agreement. Having a day in court is your due process. Unlawful detainer means someone is wrongfully "detaining" or holding the property of another. That was the function of the lawsuit. At that point you are able to make your case as to why you have a lease, easement or other right to use the property. If the arrangement is not in writing, it becomes much more difficult to make your case as the assumption is that the person holding the property deed is the owner of the property, not the person who has a structure that was built upon the property.

    The case you are talking about is complicated. Agreements for real estate are usually required to be in writing. In the United States, there is the "statute of frauds" which governs under certain situations. I wrote an article on the statute of frauds which may be helpful, unless this is law which you have become aware. I'm very sorry to hear about the problem and, most especially, about having a dispute with your own father. I hope that rift heals in time and you are able to somehow find a way to work that out.
     

Share This Page

Thread Status:
Not open for further replies.