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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111466
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Sirs: WE'VE BEEN LIVING IN THIS HOUSE YEARS. IN DEC. 2014

Customer Question

Sirs: WE'VE BEEN LIVING IN THIS HOUSE FOR OVER YEARS. IN DEC. 2014 OUR LANDLORD( MY WIFES STEP FATHER ) HAS REFUSED TO ACCEPT OUR RENT( WHICH IS EQUIVELENT TO THE PROPERTY TAXES), AND TREATED US VERY RUDLEY. HE REFUSES TO FIX THE ROOF WHICH LEAKS AND ALSO OUR HOUSE HAS A LOT OF MOLD AND WILDEW. I'M SURE HE HIS GOING TO EVICT US IN APRIL, AS HE HAS'NT PAID THE TAXES ON THIS PLACE SINCE DEC. 2014. HE IS 97 YEARS OLD. . IF WE PAY ALL THE BACK RENT HOW DO WE KNOW WE WON'T GET EVICTED? THANK YOU FOR YOUR ADVICE. REGARDS, ***** *****
Submitted: 9 months ago.
Category: Real Estate Law
Customer: replied 9 months ago.
WE'VE BEEN LIVING IN THIS HOUSE FOR OVER 20 YEARS
Customer: replied 9 months ago.
MY AGE IS 73 AND MY WIFE IS 66
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he is refusing to accept rent and he is also not making repairs, you can seek to sue him for breach of lease (you have at the very least an oral lease with him) because he cannot refuse to accept rent. However, if you have no lease in writing, he can evict you for no reason with 60 day notice.
If he is not paying taxes though, you can seek to pay the taxes and obtain a lien on the property for the taxes, which would mean if he refuses to pay you back for the taxes you have paid, then you can sue to foreclose on your lien on the house and seek to take the house from him to reimburse you for the taxes you paid.
You have rights here to both repair and to not be improperly evicted and could get rights over him if you pay the taxes and sue him for reimbursement.
I would strongly urge you to get a local attorney involved as soon as possible to determine whether or not you want to pay taxes and file a lien and pursue the lien against them and also whether you want to sue him for not making repairs (which can force him to pay for any of your moving costs if he insists on not renting to you any longer).

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