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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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We have a home with renters in it. We had an original contract

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We have a home with renters in it. We had an original contract with a husband and wife. In this contract, they were responsible for repairs and $100.00 was to go towards ownership. The woman got a divorce and her new husband moved in. At that time, after I found out what hapen and it had been a couple of years, I said the contract had expired; it is important to note they did not have the financial means to buy it. We have now been renting it to them on a month by month basis- no contract or lease. Also, it has now been over 5 years since the original contract (2008). They said they need 2 more years due to the fact that the new husband is filing bancruptcy. I have 2 mortgages on the home and I pay taxes, but they have been maintaining the property- repairs, new fridge and stove, etc. I feel like they are setting me up for something financially- like an adverse possession. Am I in legal jeopardy of losing my home?
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Adverse possession has as one its criteria that occupation of the property must be WITHOUT the permission of the owner. If you are renting the property to them then their occupancy is with permission. They cannot make an adverse possession claim.

If the contract did not have a renewal clause in it then what you have is long term month to month renters who are taking care of the property.

It is unlikely that there is a legal issue that could cause the loss of your home As long as you tenant are not using the home for an illegal purpose you should be pleased that you have good long term renters.

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