Newlywed gift from the mother of the bride

texastami · #1 01/12/11, 07:23 PM

WARNING:::::: VENT

My son and his new bride rent the house that her mother owns... she up and moved to Las Vegas about 12 months ago.... they moved in about 9 months ago (paying rent with a lease) I thought her departure was kind of quick but I didn't know her so I didn't judge.... FIRST MISTAKE!

Get up this morning to a certified letter for pickup

Seems her mom was sued *unbeknowst to them* and had until Dec. 1 to come up with about $80,000 or the property would be forclosed on effective that day!

Now.. the NEW owner called today and wants $1000 a month for the house and has told them she is not above evicting them immediately if they fail to pay...

Her mother is not returning their calls.... they are frantic as to what to do... and me????

Well, lets just say that its a good thing that I am about 500 miles away from DEAR OLD MOM or I would have a few things to say myself.... (my momma bear is working overtime here)

Legal aid said there is nothing they can do.... they can try to sue her mom for the rent they paid her and for the rent they paid for Dec and Jan. but nothing else...

They HAVE TO MOVE IMMEDIATELY....

WHAT KIND OF MOTHER DOES THIS TO THEIR KID????? SOMEONE THEY LOVE???? ARGGGGGHHHHHHHH!

wwubben · #2 01/12/11, 07:32 PM

Your son can file this away and heed what he has learned here.He is getting by without too much cost.Never give mother-in-law another shot.

kimmom2five · #3 01/12/11, 07:53 PM

I believe I read an article that a federal law was passed since the whole foreclosure mess that said that renters could not be evicted without getting a certain amount of notice, and possibly until their lease is over. I will try to find the article but not sure if I saved it.

kimmom2five · #4 01/12/11, 07:56 PM

Ha! I found it! Here is the link.
http://money.cnn.com/2010/02/18/real...ts%2Findex.htm

plowjockey · #5 01/12/11, 07:57 PM

Quote:

Now.. the NEW owner called today and wants $1000 a month for the house and has told them she is not above evicting them immediately if they fail to pay...

Something does not sound right, legal aid or not. Most states have some type of tenant laws, governing new owners and the procedure to evict tenants.

Never have heard of "immediate eviction". The landlord usually cannot just walk in and start moving your stuff to the street.

I'd call the new owners bluff.

Is there any housing authority, etc. where they live?

Callieslamb · #6 01/12/11, 09:32 PM

Sounds like mommy got in over her head and ducked and ran rather than face the consequences. I'm so sorry for your DIL...This must hurt her terribly.

Alice In TX/MO · #7 01/12/11, 09:37 PM

They need to find a new place tomorrow and chalk it all up to lesson learned. They won't recover anything from her, and they aren't entitled to anything prior to Dec. 1.

Lessons in life are tough. This is one.

texastami · #8 01/12/11, 09:42 PM

They have until the end of the month to get out... is what the landlord says... She wants Dec and January back rent (since they mailed it to her mom instead) so according to her, and the paperwork, they are deliquent two months already...

However her mom did willfully and wrongfully take rent when she knew it wasn't hers to take... so charges could be filed against her for fraud)

Its a mess for sure... and while i am sorry it happened, they have to buck up and figure it out... newlyweds or not...

I was just venting... I have already forwarded them links about foreclosure and all that stuff.... its just up to them to figure out how to proceed... but either way... I will not bail them out.. they need to do this on their own!!!

I learned a long time ago about renting from family.... but neither of them would listen when I raised concerns back then... so well, handle it.) I wouldn't say they were immature.. just naive in believing every thing... but with age comes wisdom right?

texastami · #9 01/12/11, 09:43 PM

Quote:

Originally Posted by Alice In TX/MO

They need to find a new place tomorrow and chalk it all up to lesson learned. They won't recover anything from her, and they aren't entitled to anything prior to Dec. 1.

Lessons in life are tough. This is one.

YEP sure are! And while it blows... life will go on!

cindy-e · #10 01/12/11, 09:43 PM

Quote:

Originally Posted by kimmom2five

Ha! I found it! Here is the link.
http://money.cnn.com/2010/02/18/real...ts%2Findex.htm

might want to send her a pm on this one. Just to be sure she sees it before the poor kids go out and find a new place when they don't have to!

halfpint · #11 01/12/11, 10:48 PM

Did the new owners notify them on December 1st to make payments to them? When we had rentals, as the owner we were responsible for contacting the tenants for payments, and could not get any payment prior to the date of notification to the tenants.

If they have a lease (which many families do not) usually the new owners have to abide by it, but without a lease they may have to get out. But I do not think the new owners can collect anything in arrears, this is where a lawyer probably needs to get involved.
Dawn

7thswan · #12 01/13/11, 08:24 AM

The new owners cannot demand anything of them unless they were were sent certified mail. The kids don't have to do anything. Let the new Owner take them to court and the Judge will still give them at least 30 days to move. The new owner can do all the threatening and screaming they want, won't get them anywhere. The Law protects the Tenant because there are so many bad Landlords.

therunbunch · #13 01/13/11, 08:50 AM

Quote:

Originally Posted by 7thswan

The new owners cannot demand anything of them unless they were were sent certified mail. The kids don't have to do anything. Let the new Owner take them to court and the Judge will still give them at least 30 days to move. The new owner can do all the threatening and screaming they want, won't get them anywhere. The Law protects the Tenant because there are so many bad Landlords.

YEAH THAT. Investors are scooping up foreclosures and short sales for THIS REASON HERE.. so they can make a profit. There are SO many shady legal goings-ons too and this sounds very shady. They can't require them to pay rent on a house they didn't even know was foreclosed. Your son and DIL are victims of a crime here. Shame on that woman!!!

Jokarva · #14 01/13/11, 09:39 AM

However their living situation turns out, they have learned a very valuable lesson about the MIL that I hope they never forget. Someone who would do this is capable of all sorts of shenanigans in the future.

Backfourty,MI. · #15 01/13/11, 10:28 AM

If the new owners never contacted your son & Dil when they took over the ownership of the house it doesn't seem like they can make them pay back rent. If they sent them a certified letter stating ownership of the property had changed & if they stay in the house the rent will be $____, otherwise I would fight the new owners on that one.
I am no lawyer just saying sounds like someone is trying to get over on them besides her mother!

Her mother is a TERRIBLE Mother & a TERRIBLE person all together it sounds like. I wouldn't do something like that to a stranger & she did it to her own daughter! Trash it sounds like to me, & won't even return their calls!

roachhill · #16 01/13/11, 11:46 AM

They can't be kicked out they have to be evicted which takes time. They should just take their time and move when they find a place. Just tell them to find out the exact law to quote to the new landlord when they call and threaten. Like bill collectors they will just push you around if they think you don't know your rights. I don't believe any state allows you to start eviction procedings in less than 30 days after notice so they have at least 3 months before they can be evicted. They are just being bullied.

Harry Chickpea · #17 01/13/11, 03:25 PM

Great advice and comments above! One thing I would do in their situation is to try to file a complaint NOW with the police about the new owners attempting to coerce money out of them for back rent, and contact the sheriff's office to forestall any attempts at eviction. Generally sheriffs get the task of enforcing them, so a blocking maneuver could stop that nonsense. Having an attorney file an injunction or at least be on call wouldn't be a bad idea.

farmgal · #18 01/13/11, 08:45 PM

This doesnt make sense. They are not liable for rent to the new owner until the new owner files paperwork with them. Like a letter telling them the new rent and where to pay etc. So if they didnt receive that until now, they have no say for the other months. And they didnt own it until january. IMO Something sound fishy about the story. Nothing adds up. Did you see this letter?

Lizza · #19 01/13/11, 08:58 PM

I don't see how they could possibly be liable for any rent, they had no contract with the "new owner" verbal or otherwise. She could say the rent was 10,000 a month (and why wouldn't the new owner if you could just say whatever). Maybe it is a bluff of some sort but it certainly doesn't seem to add up? Don't you live in Oregon? Eviction can take up to 6 months, depending on if they can be served, you can't just toss someone out.

Maura · #20 01/14/11, 08:32 PM

New owners adopt whatever contract there was. The newlyweds need to talk to a lawyer who handles this type of litigation. Laws vary from state to state and the new owners may very well be within their rights. As OP wrote, the NW have learned two very valuable lessons. 1) MIL is not trustworthy (which DD probably knows but wants to think she is still a good mom 2) Get it in writing.