Q–In 1979, I bought a house. My father asked me at the time if someone he knew could live in it. I agreed, and my father paid the taxes on the house each year, and I charged the tenant no rent.
The tenant, who worked for my father, thought the house was owned by my father. Now my father can no longer pay the taxes and I want the tenant to move out. Over the years, he made improvements to the house, and he claims my father gave him the property (in a verbal agreement) in lieu of being paid higher wages.
Now the person living in the house says he is not a “tenant at will” because I did not give him permission to live in the house. Therefore, he claims, he owns the house.
What can I do to get my house back?
A–Any agreement between the tenant and your father must be in writing to be enforceable. The Statute of Frauds requires an agreement in writing that includes a date, terms of payment, property description and signature of the parties. Without such an agreement, the tenant’s claims of ownership are unsupportable.
To remove an unwanted tenant, you must give proper notice to vacate. If the tenant fails to leave as requested, the owner must proceed with an “unlawful detainer action,” in which the landlord seeks an order from the court requiring the tenant to leave. If the tenant ignores the court’s directive, he and his property can be forcibly removed.
You will need an attorney for an unlawful detainer action. Start the ball rolling as soon as possible.
Q–One of the terms of my rental contract states that the tenant is responsible for the first $100 cost of each minor repair to the property. My current tenant, however, refuses to pay any amount.
My rental agent told me to keep all the repair bills and receipts, and when the tenant leaves I can deduct from the tenant’s security deposit the amount he owes for repairs. Would that action be legal?
A–To the best of my knowledge, your rental agreement is valid. Nonpayment of legitimate obligations is certainly a reasonable basis for retaining part of a security deposit.
If you want to know if a particular action is legal in a specific state, however, you’ll need to consult an attorney. Failure to obtain legal counsel is the source of many expensive mistakes.
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Have a question about real estate? You can write to George Karvel in care of the Chicago Tribune’s Your Place section, 435 N. Michigan Ave., Chicago, Ill. 60611. Answers will be provided only through the column. Please note that laws vary from state to state and area to area. Consult an attorney for specific legal advice.
