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Background: My wife and I own a mobile home where we have a roommate (her father). We have no written lease agreement. All "contracts" are verbal - no smoking, he would pay 1/3rd of all household bills and such. He HAS smoked inside the house but tries to hide it.
We have discussed selling the home to him when we feel that it is time to move on to a different city but he does not want to buy the property. He also has made it abundantly clear he does not want to move. The park in which the mobile home is located only allows owner occupancy.
Problem: My wife and I are going to be going out of the country for a couple of years for graduate school. We NEED to sell the home so we can have money for getting settled expenses. We are willing to give him a "sweetheart of a deal" if he buys the home - a down payment requirement that is enough to pay for our flights overseas, 0% interest, he can pay the balance whenever he can afford/desires to do so. We know he can afford the down payment, etc.
What can we do if he refuses to buy the house but does not want to move out? Can we give him an "intent to sell" notice of some type that will make it so that we can force the hand of either buy or get out?
We know that there can be "bad blood" form from this issue but we are being placed where we have no choice in this matter.
Considering his past behavior, I would put everything in writing should he decide to purchase. And unless you are willing to walk away from the unpaid balance with no animosity, I wouldn't leave it as nebulous as, " he can pay the balance whenever he can afford/desires to do so."
Put the onus back on him. "We are leaving on such-n-such date. As much as we'd like to, we cannot afford to carry the rent here and abroad. We can either sell it to you at such price with such terms or to another buyer. Which would you prefer? We need to know by such date." If he doesn't respond, let him know that you are putting it on the market. You might even offer a small incentive to help him get into another place.
I would give him an intent to sell notice if he doesn't respond. Don't feel guilty. He's the one who is creating bad blood by being passive-aggressive here.
He can make it as abundantly clear as he wants about his wish not to move but he has no choice. Without a written lease he's considered a month to month tenant and all you have to do when the time comes is give him the written notice required under your state laws (linked in the first "sticky" on this forum). If he refuses to leave then you formally evict him.
If he wants to purchase the place then work with a real estate attorney to get a proper contract drawn up.
If this move overseas is happening within the next year, you're well advised to get this sorted out now. If he refuses to leave and you have to evict him this can take a while, plus you need time to sell the home. I realize this is difficult because of the family relationship but you have to be like every other landlord and treat it as a business. Good luck!
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