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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9850
Experience:  Commercial and residential leases in NY & NJ & US
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I asked question few days ago about my father buying some

Customer Question

I asked question few days ago about my father buying some land, man living there had lost land, debtor was selling land so my dad bought it telling him he could stay there. This was 2002, my father past in 2005, I inherited the land after few more years, I contacted him informing him that he would have to help me either with property taxes or pay rent. Gave him 3 lease agreements to sign and he refused. Finally he told me a price that he could afford,, so I agreed but he has not paid the actually amount once and has missed several months as well. Frustrated went to magistrate judge. She sent letter about rent, back rent, etc. He refused to pay and now has gotten a lawyer and had it transferred to Superior Court. I have not received any info. about this as of yet. Called superior court clerk, informed lawyer had transferred it to SC but no date has been scheduled . I would instead hear from lawyer and not SC. So in the mean while he has not paid for rent and basically being told nothing I can do. What are my options? I want him now off my property.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 1 month ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Do you have any idea of the basis on which he is defending against your request for him to leave? For example is he claiming he has the right to live there free? Did you formally start an eviction proceeding in Magistrate court?

Customer: replied 1 month ago.
He is saying when my dad bought land actually paying his debt off bc he was going to lose the land and the debtor was going to sell land bc he wouldn't pay his debt, my dad told him he could stay there. He is saying after dad told him that he is entitled to remain there without paying anything. Land was purchased in 2002 or 2003, my dad past in 2005, I inherited it 2006. This is where I got confused. I contacted Magistrate Judge explained to her situation, she told me to pay $96 and she would send eviction papers. When I went to office things changed, she asked me how much back rent , etc so I told her and then she sends papers about back rent money, fees, etc . Informed that he refuses to pay, then would have to pay a other 96 to start eviction papers. Which was told complete opposite when called. Also, I even told the man that I might sell land and he informed me that it didn't matter bc he was still entitled to live there. Superior Court clerk told me today that his lawyer transferred it to S C., no date scheduled. Where the magistrate judge told me his lawyer had paid fees and appealing it. So I am totally confused as to whats going on.
Expert:  Richard - Bizlaw replied 1 month ago.

Here is what I think is going on. I believe that they are going to claim that he has a life time right to remain there without paying anything and even if you sell the land the sale would be subject to his right to remain there. I suspect they transferred to the Superior Court because they are treating this as an action to quiet title to the property. You will need to retain an attorney because if they are successful you will not be able to sell the land. This is a little too complicated for you to try to handle it on your own.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer: replied 1 month ago.
Even when there's no written agreement, my fathers past and I am the new owner
Expert:  Richard - Bizlaw replied 1 month ago.

Just because there is no agreement does not mean he will not try to make the argument I indicated. He will rely on the undisputed fact that he was living there and not paying rent. You will need a lawyer to demonstrate that he cannot make that argument and at most such an agreement was terminable at will by your father or you as his successor. However, as I said these issues can be complex and that is why you need an attorney.

If I have answered all your questions, please highly rate my answer as that is how I get credit for working on your question.

Expert:  Richard - Bizlaw replied 1 month ago.

I sent you the answer to your question a few days ago. If you do not have any additional questions, please highly rate my answer as that is how I get credit for working on your question.

Expert:  Richard - Bizlaw replied 1 month ago.

You still have not rated my answer to your question. Please do so as that is how the site works.

Customer: replied 1 month ago.
From looking at the deed, dad bought land from Ga. Corp. not from Willie . Willie was in debt so bad and wasn't paying it off so Ga. Corporate decided to sale land to get their money back. So he never received any money bc land wasn't his.
Expert:  Richard - Bizlaw replied 1 month ago.

That means he was just occupying land. My original answer always was based on the fact that Willie did not own the land. The fact that he had already lost the land further undermines his position. Nonetheless, he still may raise the same argument that he had the right to stay there without paying rent. I do not see any other basis on which he could claim the right to stay there. I do not see him winning but that is what I believe he has to try.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Expert:  Richard - Bizlaw replied 1 month ago.

I sent you the answer to your question a few days ago. If you do not have any additional questions, please highly rate my answer as that is how I get credit for working on your question.

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