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artyfarty

Renting from friend, no lease

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I am renting a home from a friend and her husband (he is the landlord). Actually this is the second home rented from them. Bad mistake. The scenario. We began renting a home from close friends a year ago. It had been un-oocupied for several years. Just a verbal agreement and how much rent to pay. With promise to make repairs and upgrades. Great we move in.  Over a year after request to make minor repairs they go unwarranted.  He forgot or didn't have time. No problem. They were not that bad that we could not live there. Some were but that's a different story. Just under a year later,they moved from their home of 15 years and ask us to move into it. Great. Same rent; no problem. We move. This is a house that I frequented but never pried; I did not know what could be hiding behind curtains and furniture etc. So we move in to find all the secrets they hid, bad windows (no interior windows), no gutters, basement stairs hazardous, faulty wiring, crack in the foundation, moisture issues in basement, leaking faucets, falling plaster bits, the list goes on and on. These are problems they know about but never disclosed to us. There is talk of us buying the property. It is in an area that has major renewal and gentrification. We are setting up an inspection. I requested a statement that they are and have been our landlords for the past two years and that we pay them rent etc. I spoke with my friend and she mentioned her husband is writing up a lease. My question do we have to sign a lease? with out an inspection? Do we have any rights without a lease? Should they have to make any repairs prior to a lease? Should we buy... as is? Help we need some advice.

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That house can't be the only residence available for rent or sale in your community.  Why would you want to buy (much less rent) a home in such poor condition?  Why do you need a statement that you pay rent--don't your own canceled checks reflect this?  There is much you are not saying here.  If you are able to pay rent on such a long-term basis, why not look elsewhere?  You've already stated that renting the home was a bad mistake; it seems to me that buying it would be an even worse idea.

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19 minutes ago, rockmehardplace said:

That house can't be the only residence available for rent or sale in your community.  Why would you want to buy (much less rent) a home in such poor condition?  Why do you need a statement that you pay rent--don't your own canceled checks reflect this?  There is much you are not saying here.  If you are able to pay rent on such a long-term basis, why not look elsewhere?  You've already stated that renting the home was a bad mistake; it seems to me that buying it would be an even worse idea.

 

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It is not the only one to rent, well perhaps in this area and for this size home. We are looking, though. Why insinuate that something is left out?. We live in a prime area.  It's in an area that is being rejuvenated. It's a 3300 square foot home. We like the ample space. can buy as is, but would have to put quite a bit of money into it. By the way who writes checks, in a digital world. I asked for advice not a critique. Thanks anyway.

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No, you don't have to sign a lease.  Without a lease you effectively remain month to month tenants.  Without the lease you can be terminated with as llittle as 30 days notice.  A formal inspection prior to signing a lease is not ordinary but if the landlord is willing to make the lease contingent on the inspection and repairs, that is up to the landlord.

 

Should you buy as is cannot be answered without knowledge of the terms of the purchase including the price, the appraised value,the types of defects, the cost of correcting the defects, your tolerance level for disturbance during repair, and not leaast, the risk of losing your friends if the defects are more than you bargained for.

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To ask if you have proof of your rent payments--as opposed to relying on someone else's records--seems a legitimate question.  The electronic records of the bills you pay would still show dates, amounts, payees, etc. but something tells me you only paid cash and didn't get receipts because they are your friends.  Anyway, it seems only relevant if you would ever need proof in case of a dispute.    Perhaps, in this digital world, your landlord doesn't maintain records of your rent payments either.  Then you can all sit down and try to replicate your payment history in case your mortgagee would want such a statement.

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Hi @artyfarty

 

Welcome and thanks for posting. As others have mentioned, you do not need to sign a lease, and may not want to do so unless agreed-upon repairs are made. You may also want to speak with a local real estate agent or real estate attorney before deciding to buy the house "as is."

 

Best of luck!

The FindLaw.com Team

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