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 New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    I purchased a modular home and had it placed on a permanent foundation on my dad's property. I paid for the power water gas and septic hook ups as well as for the road. In addition I paid for the permits and the taxes (even 3years property taxes until they decided to make dad pay because he is property owner)
    And of course for the contractor who put the house on the foundation.
    We had a verbal agreement that I would live rent free for life(I had essentially paid up front) it was a win win I didn't have to worry about renting. And my father and his wife would have family near as they aged and needed help
    That was 11"years ago he is now trying to evict me saying he had given me "license" to use the property and was now revoking it. Neither he nor his lawyer will return my calls and I have been given no reason for this action
    So my question is
    Can he do this? And if so how do I fight it?
     
  2. army judge

    army judge Super Moderator

    Messages:
    33,308
    Likes Received:
    5,343
    Trophy Points:
    113

    Yes, he can bring an action in court to evict you.

    No, he isn't required to speak with you.

    It appears you breached your portion of the deal.

    At the three year mark, you indicate that dad began paying taxes.

    Did you continue to pay taxes by reimbursing dad?

    That may form the basis for your pending eviction.

    If that is the problem, since you breached the deal, dad may consider you reimbursing him what he had to pay in taxes in the years you've NOT been paying taxes.

    By the way, all agreements about property must be in writing.

    That is because of something called the "statute of frauds".

    Your agreement wasn't in writing, and dad's theory of the case is he simply gave you license to use, rather than having gifted you an ownership interest in HIS property.

    Bottom line, based on what you've reported, you do have a looming problem.

    You might want to prepare to move your trailer, because I see nowhere for you to go but off of dad's property eventually.

    No one lives rent free, unless they're incarcerated.

    Even an incarcerated person pays dearly, just not in cash.

    Freedom isn't free, and neither is rent!
     
  3. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,966
    Trophy Points:
    113

    If dad wanted you to pay taxes he would have had to get the assessor to divide the parcel. It's his own fault for not doing that, but as long as he is the owner of the land he can likely evict you, or at least try.
    If you can't work things out then it will be decided in court if anyone owes anything to the other. You will want legal assistance.
    It's your dad... hopefully you can work out your differences without going to court.
     

Share This Page

Thread Status:
Not open for further replies.