What rights dies an owner have over an occupant in a lease purchase contract?
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What rights dies an owner have over an occupant in a lease purchase contract?
At the time of moving in 14 months ago, the owner and I went to the bank and opened a joint checking account for me to pay the mortgage company directly. He and I both verbally agreed that I would be paying it with my checking account directly to the mortgage. He agreed to turn the house over into my name in 3 years. There have been no written agreements presented until now. He wants to prohibit my daughter’s boyfriend to stay here a couple months (as a visitor) due to spite and jealousy against her. draw up a written lease purchase agreement for the first time after we have lived here a year? Does he have any legal rights to control what we do in this house? He harasses our family.
Asked on July 24, 2011 Georgia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Here is your concern, you have no legal right to that home without a writing indicating that home would be quit claimed to you after three years. Any contract for land or leasehold or any such purchase that doesn't end or complete in one year must be in writing pursuant to the statute of frauds. Your issue is going to have to be finding something in writing showing this is the agreement (think outside the box on this one). Do you have emails? Do you have text messages? Anything said or shown to the teller at the bank to show this was the intent of the agreement? If so, then you may be able to get out of the statute of frauds through performance. It will be an uphill battle because even after three years of you paying the mortgage company directly, you will still have to show you would qualify to have a mortgage on the house (assuming three years doesn't pay off the house) and of course, that he would indeed sell it to you. He is currently your landlord and as a landlord he has every right to say who could stay there or not, especially if he is paying sewer and water bills and the like. He cannot retaliate but until you have something concrete to show the intention of your actions, you really must tread carefully.
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