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EDIT: I'm in Australia, but general advice from anyone still welcome. I have a question about a landlord/tennant relationship with my father. My father bought a unit a few months ago with the intention of renting it out to me, his daughter. The current tennant is moving out this week (moving to join the army so at least that works out for him too) and so I'll be starting to move in soon. The question is, should I push for my father to do up paperwork/a lease for me? I am 99% sure that I will have no need for one, we get on great, he's been a landlord for strangers before and knows what he needs to do, we've made verbal contracts as to me paying rent and some exceptions to when I'd pay rent. The exceptions are that if he goes on an extended holiday, ie more than one week, I will housesit for him, look after his dog and cat, and any bills that arrive (from his money, I will just ensure payment) and in exchange I will not pay rent on my apartment. If I find myself unemployed or otherwise suffering financial hardship and rent money could be better used somewhere else in my life, he is happy for me to stop paying rent until I'm back on my feet. As I said, I'm 99% sure that verbal agreement would be binding. I love my dad, I respect him and he respects me. We both have a strong sense of responsibility and I am all but sure things will be fine. It's that 1% chance that something goes wrong that I'm worried about. We talked about doing up a lease contract just to be safe, but I'm not sure what we'd need to do to set in stone normal tennant/landlord rights plus those exemptions that are not part of a normal lease contract. Also, I'm worried that if we don't have something in writing BEFORE I start to move in that it could cause problems. So: Do I need to finalise all lease paperwork before I begin to move in, or can it be written up say a month later if both parties agree to it and sign it at that later date? Will a simple document written stating rent owed and exceptions where rent is not owed and conditions for that exemption, signed by me and my father be acceptable? Will that cover me if he loses his mind in december 2010 and tries to kick me out for not paying rent for three weeks in June 2010 when I housesit for him, if he agreed then? Should I get a written doccument signed by both of us every time we agree I am not liable for rent? I believe I should but I don't want to push things if it isn't necessary. Could one document cover that, or is it necessary for further doccumentation each time we make an exception? Last thought, if both my parents die suddenly and unexpectedly, would my tennancy agreement have any sway over the future of the property? I believe my parents' will involves a 50/50 split between my sister (adult) and I. My sister and I are on great terms, but again that 1% chance she'd contest the will/ force the sale of the place I plan to call home for years to come worries me. As this is a recently bought property I doubt it's been specifically addressed in my parents will. I do plan to talk to him about that, but I'm wondering if being willed half of the place plus being a rent paying tennant with some sort of lease agreement before the owners death would afford me any protections, or if I should be worrying about that at all at the beginnig of a lease. Vestral fucked around with this message at 15:46 on Apr 19, 2010 |
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Apr 19, 2010 15:41
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