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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33730
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have rented an apartment from my ex husband for several

Customer Question

I have rented an apartment from my ex husband for several years. We agreed the apartment is mine for a set rent of five hundred dollars a month for as long as I live. In the last two years he has became ill and placed the property in a living trust with his eldest daughter as executor. She is aware of our agreement as are the rest of the children and friends of the family. I have now received a letter stating my rent is increased to 650 a month. Is there a way I can enforce our original agreement?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Was this all a verbal agreement or was it in writing?

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Did you give him anything in return for this?

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thanks

Barrister

Customer: replied 1 month ago.
The agreement was verbal. Nothing was given in exchange. It was done out of his concern that I should be cared for ad I live on a fixed income. His daughter is aware of his wishes and assured him she would honor the terms
Expert:  Barrister replied 1 month ago.

Ok, sorry for the delay, I wanted to research a few things. I hate to give bad news, but if this was just an oral promise, it would be considered a "gratuitous promise unsupported by consideration". So that means that it is basically an unenforceable promise. If it was in writing, it could have been considered a pseudo-life estate, but if it was just oral, ex or his agent is free to revoke it at any time..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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