Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Florida
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 05-25-2011, 12:01 AM
 
1 posts, read 4,727 times
Reputation: 10

Advertisements

My "landlord" is my father-in=law. He has always said that if anyone should come asking, that i should tell them that he lives there. He doesn't, he lives in another county. I have lived in his house with my husband for 5 years. Two days ago he brought an agreement over to be signed under the pretense of his Trust Attorney saying he needed this document signed. It said that should anything happen to my husband, they had the right to remove me in 14 days. It also said that all fixtures in the house had to stay, but my husband and I purchased the washer and refrigerator because the ones he placed in here broke. It also stated that my in-laws lived here with us. They don't. It went on to say numerous other things like how if we were gone for more than 7 consequential days, he had to be notified, if not we would have to vacate on the 8th day. there are other ridiculous things listed too. The father in law stated that if I didn't sign, that I had to be out with-in 24 hours. My family was here on a visit and witnessed the father in law and brother in law pretty much bully me into signing it. My spineless husband did nothing to dispute any of this other than to make his Dad change the move out time to 30 days. How legal is this and how much trouble can I get into if the county officials ask if the father in law is living here and i lie about it?
Reply With Quote Quick reply to this message

 
Old 05-25-2011, 02:02 AM
 
4 posts, read 12,074 times
Reputation: 10
It's a pity you signed the agreement.
Next time don't agree to sign an agreement you don't agree with. Always ask to look at it later on your own, and seek other people's advice before signing.
You can do a few things :
1. Stay there under his bullying attitude.
2. If he is threatening you with all the statements in the agreement, you can threaten him back, and say that you would not agree to lie about whether they live with you, maybe that would bring some sense into him, and make him stop being so disgustingly nasty.
3. You could look for a new home. Before moving, find an old fridge and washing machine, leave them there, and take your own with you.

In the future, try not to do business with family.
Reply With Quote Quick reply to this message
 
Old 05-25-2011, 05:29 AM
 
26,585 posts, read 62,030,832 times
Reputation: 13166
You can get in a lot of trouble for lying to the government. Frankly I'd make an anonymous call and turn him in. People like that cost all of us more in higher taxes.
Reply With Quote Quick reply to this message
 
Old 05-25-2011, 07:45 AM
 
1,468 posts, read 4,749,298 times
Reputation: 1087
Quote:
Originally Posted by LadyJane68 View Post
My "landlord" is my father-in=law. He has always said that if anyone should come asking, that i should tell them that he lives there. He doesn't, he lives in another county. I have lived in his house with my husband for 5 years. Two days ago he brought an agreement over to be signed under the pretense of his Trust Attorney saying he needed this document signed. It said that should anything happen to my husband, they had the right to remove me in 14 days. It also said that all fixtures in the house had to stay, but my husband and I purchased the washer and refrigerator because the ones he placed in here broke. It also stated that my in-laws lived here with us. They don't. It went on to say numerous other things like how if we were gone for more than 7 consequential days, he had to be notified, if not we would have to vacate on the 8th day. there are other ridiculous things listed too. The father in law stated that if I didn't sign, that I had to be out with-in 24 hours. My family was here on a visit and witnessed the father in law and brother in law pretty much bully me into signing it. My spineless husband did nothing to dispute any of this other than to make his Dad change the move out time to 30 days. How legal is this and how much trouble can I get into if the county officials ask if the father in law is living here and i lie about it?
Whose name are the utility bills in? If they are in your name the county already knows he doesn't live there or at least have a clue and reason to check. They catch people everyday and the people end up paying all back taxes back to when they actually last lived in the house plus fines. It is funny most of the people who get in trouble do it innocently. Say a husband dies and a woman moves in with a daughter and rents out her house. After a few years something triggers a check and there she is in a lot of trouble owing a lot of money she may not have. A lean gets slapped on the house and she may even lose it.

Because of the economy many cities are upping looking for the cheaters because they need the money and have computer programs that look for red flags like utility bills. Fort Lauderdale "REALLY" looks for them and catches tax cheaters every day. It doesn't matter if you say he lives there once they come checking they have a zillion ways of telling he doesn't live there. They would not be there is they didn't already pretty much know they have caught a tax cheat. It is just a matter of time till he gets caught or someone drops a dime on him, hint hint.

Just an example what I am talking about.

http://www.heraldtribune.com/article...NEWS/509190381

http://articles.orlandosentinel.com/...property-taxes

http://webworks.typepad.com/lakecoun...rd-county.html



Last edited by mango23; 05-25-2011 at 08:16 AM..
Reply With Quote Quick reply to this message
 
Old 05-25-2011, 10:43 AM
 
Location: Toronto, Ottawa Valley & Dunedin FL
1,409 posts, read 2,739,899 times
Reputation: 1170
Why don't you just move?
Reply With Quote Quick reply to this message
 
Old 05-25-2011, 10:55 AM
 
Location: Lakewood Ranch, FL
5,662 posts, read 10,739,307 times
Reputation: 6945
Hard to believe that an attorney would be dumb enough to write that up anyway. For example, if your FIL lived in the house, it wouldn't be necessary to notify him in the event you had vacated the property for 7 days since he'd already know that. If you can afford it, talk with an attorney and find out what your rights are. Never sign anything you know to be false or inaccurate. It weakens your position and opens you up to liability or prosecution.
Reply With Quote Quick reply to this message
 
Old 05-25-2011, 11:07 AM
 
Location: Miami
6,853 posts, read 22,455,683 times
Reputation: 2962
You shouldn't of signed it, but it is to late to tell you that now. If you have a month to month lease I would suggest looking for another place to live because it just sounds this guy is being a prick to you guys. The 7 day thing is just crazy, tenant don't have to tell a landlord when they are going on vacation or leaving town. As far as the homestead exemption, it isn't right, but he isn't the only one doing that I suspect. This is your family that you have to see, so I wouldn't turn him in. I would just find another place to live to avoid all these issues and keeping your family life civil.
Reply With Quote Quick reply to this message
 
Old 05-25-2011, 11:20 AM
 
Location: Niceville, FL
13,258 posts, read 22,831,016 times
Reputation: 16416
Get a lawyer of your own that is up on Florida landlord-tennant laws. The 'sign or you're kicked out today' doesn't pass the sniff test. And while I hate to see lawyers brought into family matters too early, this is a case where you have to protect yourself and your husband first and foremost from a legal standpoint.

Florida Landlord/Tenant Law Division of Consumer Services, DOACS (http://www.800helpfla.com/landlord_text.html - broken link)

Quote:
Except for the failure to pay rent, a landlord must notify you in writing of any shortcomings and give you seven days in which to correct the situation. If you still have not complied after seven days, the landlord can begin the eviction process based on non-compliance.
What's your rental term?

Statutes & Constitution :View Statutes : Online Sunshine

Quote:
83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
There's also this gem, which sounds like it applies in your case:

Statutes & Constitution :View Statutes : Online Sunshine

Quote:
83.45 Unconscionable rental agreement or provision.—
(1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.
(2) When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making the determination.
That one got me thinking of how 'commit homestead fraud, or we'll illegally kick you out' might apply there.
Reply With Quote Quick reply to this message
 
Old 05-25-2011, 03:52 PM
 
Location: Pittsburgh, PA
1,304 posts, read 3,034,929 times
Reputation: 1132
The OP is probably paying a reduced rent (or not paying rent) to the father-in-law. At the very least, she is undoubtedly being offered this rental at significantly lower rates than what is the true market value. The IRS frowns upon discounted investment properties being rented to family members..... the tax man wants his cut.

Sounds to me that the father-in-law is renting this property at a significant loss, and he is trying to find ways to cut his losses, even at the risk of crossing the line of legal/illegal. Further, he is uncertain of the stability of the OP's relationship with his son, and is attempting to devise a means to protect himself in the event of a break-up. Regardless, she has signed a contract and ( even claiming that she was under duress)..... and she will need to honor that contract as long as she wishes to remain there.

Just my two cents.......
Reply With Quote Quick reply to this message
 
Old 05-25-2011, 06:20 PM
 
Location: Covington County, Alabama
259,024 posts, read 90,579,111 times
Reputation: 138568
I'd turn him in and let him do some time behind bars. Might be just the "Attitude Adjustment" needed.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2020 data
Loading data...

123
Hide US histogram


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Florida

All times are GMT -6. The time now is 12:12 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top