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People Renting / Leasing never returned contracts sgned - no contracts and now MAJOR problems in Texas

Seguin, TX |

I have been renting out my previous house for over eight months with the hopes that the individuals would secure financing. Payments are typically one to two days passed the 1st, intended due date, and they insist that we allow them to make payments directly and therefore should provide them with our Mortgage Companies information. I do not wish for them to make payments for I want to be assured they are made. The individuals have also made numerous improvements to the house without our verbal or written consent, for as they say they are buying the house. They have also begun to talk badly about mine and my husbands charachter and that we should be lucky for the house was initially inhabitable, it would have passed appraissal and FHA qualifications. It is getting embarassing.

We were behind in payments = sell the house. They wanted house; told by both agents the situation, they agreed to buy by 12/2011. in Aug monies exchanged to bring house current; more time for them to get financed, we reduced price. We have AMR; payments increased. Initially they agreed that they were responsible for ALL repairs ,house payment & insurance. Since last Aug they’ve spent more money 'fixing up the place', all new appliances & dishwasher, new flooring, painting (which we had done), new furniture, light fixtures, add-ons, & automatic gate; instead of getting financing. They talk to our friends & family call us cuss words, tell others we lied to them. Now demanding to withhold payment until I show proof that payments are made, due date 1st & they pay 1-3 days late. I delivered a rental contract & an intent to purchase home last August, they never signed & returned; no contracts. Till home is bought we can't sue lender for unethical business practices, misplaced escrow funds... What am I liable for?

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Attorney answers 1


If you never signed a written contract and did not have an oral agreement for a specific lease term, you may be able to demand possession of the house with 30 days' written notice. An oral agreement to sell a house is generally unenforceable. You should probably make sure that all communications with the tenants from this point forward are in writing. You may want to consult with a real estate attorney to determine exactly what your rights and liabilities are in this situation.

This answer is offered as a public service for general information only and should not be relied upon as legal advice.

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