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Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,351,367 times
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Tenant's rights of possession vary from state to state. I'd suggest a quick call to a real estate attorney in the state of the property to determine the correct call on this one.
Then again, it's HIS house too. Frankly, if my name was on a house I'd want (take) some control over what is happening there. The sibling did not rent this house to anyone, he came into half ownership of it. He has some say in what is going on.
Hmmm. Family stuff is tricky. Death and dealing with it is tricky. Someone used to something, someone who lived in place, someone who has a set way of life perhaps for years should be respected. But, as I mentioned, fear. There may be a reason to fear the person in place would take over.
I'm not planning on calling the cops or anything. That's not the issue.
One of the pets is mine. Another, that wasn't mine, I will keep. Another, that wasnt mine, will be going to a new home in a few weeks. And another, will probably be put to sleep.
We had another house that was vacant. We got it ready for sale. My brother was there working past midnight a few times. That's one thing I'm going to have to talk to him about. I don't want to live 24/7 in a construction zone. I'll probably say, he can't work past 8 PM. He also has small children, who he brings over while working. They run around, chasing each other, screaming and run through areas where I'm working. I don't want that happening. That is part of the reason why the pets get out.
I'm not planning on calling the cops or anything. That's not the issue.
One of the pets is mine. Another, that wasn't mine, I will keep. Another, that wasnt mine, will be going to a new home in a few weeks. And another, will probably be put to sleep.
We had another house that was vacant. We got it ready for sale. My brother was there working past midnight a few times. That's one thing I'm going to have to talk to him about. I don't want to live 24/7 in a construction zone. I'll probably say, he can't work past 8 PM. He also has small children, who he brings over while working. They run around, chasing each other, screaming and run through areas where I'm working. I don't want that happening. That is part of the reason why the pets get out.
While your 'feelings' are understandable, this still reads like 'your rights trump his.' What type of restrictions/qualifiers do you believe HE should impose on you? --- I'm sensitive to your 'needs' and recognize that you had an arrangement with the owner ... and also that you feel entitled to continue living as though that arrangement is still unchanged ... BUT, things have changed!
Perhaps, as another poster suggested, your state honors 'long-term tenant arrangements' after an owner is deceased (except, it appears that you were not really a 'legal, paying tenant' and caring for the now deceased owner is no longer an issue.) Perhaps you have a legally binding document from the owner? - If not, you now have no greater 'right' to the property than he does.
Since you and your brother are siblings and have worked together before, there is probably no reason you cannot do so now, ... but, a much more conciliatory attitude on your part would probably get you further than 'laying down the law.'
It may just be in your interest if you can expedite your future living arrangement.
Selling a home can be complicated to the point of loosing a sale or value when marketed as occupied.
If half the proceeds are yours... it is money out of your pocket too.
There was a similar situation where one sibling bought out the other and she was surprised at how agreeable her brother was... no repairs, no commissions, etc... she applied for an owner occupied loan at 50% loan to value and 6 weeks later it was hers and her brother had a check...
Unless your brother is a contractor or retired... I would expect ALL work will be done after normal business hours... I remember pulling a couple of all nighters to get units ready to rent... not much fun, but sometimes there are no other viable alternatives.
It may just be in your interest if you can expedite your future living arrangement.
Selling a home can be complicated to the point of loosing a sale or value when marketed as occupied. Particularly when four INDOOR pets are involved! --- This is a really big deal when trying to sell a property .... odor, hair, chew damage, need to keep pets inside, etc!
If half the proceeds are yours... it is money out of your pocket too.
There was a similar situation where one sibling bought out the other and she was surprised at how agreeable her brother was... no repairs, no commissions, etc... she applied for an owner occupied loan at 50% loan to value and 6 weeks later it was hers and her brother had a check... Under the circumstances, this sounds like the best, or most reasonable solution.
Unless your brother is a contractor or retired... I would expect ALL work will be done after normal business hours...(Apparently by the brother alone with no compensation except an equal distribution of funds upon sale??) -- I remember pulling a couple of all nighters to get units ready to rent... not much fun, but sometimes there are no other viable alternatives.
You need to sit down with your brother and agree to a plan as to how to get the house ready for sale. Perhaps it is in both of your interests for you to move out of the house so that repairs can be made more quickly. Mind you, you shouldn't overdo it on making repairs. Take care of the easy cosmetic stuff and just make the house presentable. If there is anything major needing to be done (e.g. kitchen or bathroom remodeling) leave that for the purchaser to contend with. You'll rarely recoup major renovation costs and buyers will oftentimes want to remodel according to their own tastes. Good luck and plan to move on.
While your 'feelings' are understandable, this still reads like 'your rights trump his.' What type of restrictions/qualifiers do you believe HE should impose on you? --- I'm sensitive to your 'needs' and recognize that you had an arrangement with the owner ... and also that you feel entitled to continue living as though that arrangement is still unchanged ... BUT, things have changed!
Perhaps, as another poster suggested, your state honors 'long-term tenant arrangements' after an owner is deceased (except, it appears that you were not really a 'legal, paying tenant' and caring for the now deceased owner is no longer an issue.) Perhaps you have a legally binding document from the owner? - If not, you now have no greater 'right' to the property than he does.
Since you and your brother are siblings and have worked together before, there is probably no reason you cannot do so now, ... but, a much more conciliatory attitude on your part would probably get you further than 'laying down the law.'
How is saying that I don't want construction work done after 8 PM "laying down the law". I've never had someone who was a handyman or contractor, expect to work after 6 PM.
You're right. I feel entitled to live in the house. I'm one of the owners.
It may just be in your interest if you can expedite your future living arrangement.
Selling a home can be complicated to the point of loosing a sale or value when marketed as occupied.
If half the proceeds are yours... it is money out of your pocket too.
There was a similar situation where one sibling bought out the other and she was surprised at how agreeable her brother was... no repairs, no commissions, etc... she applied for an owner occupied loan at 50% loan to value and 6 weeks later it was hers and her brother had a check...
Unless your brother is a contractor or retired... I would expect ALL work will be done after normal business hours... I remember pulling a couple of all nighters to get units ready to rent... not much fun, but sometimes there are no other viable alternatives.
My future living arrangements will be across the country. I'm staying in the house for a couple months while managing the work and sale. I'm not going to stay at a hotel if I own a house.
People are going off on tangents, giving impractical suggestions. So never mind.
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