Disputed Ownership - Renters?

Question

Here's today's question. =)  This is in Texas for any specific legal stuff.

Found a house with an out of state owner (IL).  He bought the house and let family members move in while he lived in Texas.  He was relocated to IL and allowed his family to stay (by the way the "tenants" are illegal aliens, owner is not).  This was right at 10 years ago.

He allowed them to stay and only ask that they pay the mortgage directly.  About a year ago he refinanced and they stopped making payments.  For 1 year he's been covering the mortgage and is fed up.  He sent them a 30 day notice to vacate.  They lawyered up.

They lawyer is citing since they were paying the mortgage directly and have made "improvements" (a very bad unpermitted garage conversion and carport) that they have claim to the property. However, there is no written lease in place.

My thought is, buy the house from him.  Then, just file a good old fashioned eviction.

Is there anything that I'm missing? I don't think the lawyer has a leg to stand on but I'd hate to get into a drawn out battle and just eat up time.

Thank you in advance for any insight on the matter.

Greg H. · Answer

Making payment directly nor making improvements does not in itself bring a claim of ownership in Texas .  Once the 30 day notice expires, he should evict them as a holdover tenant

Bill B. · Answer

Without a dog in this fight. (What a horrible saying.) I hope they win, and inherit the new refi mortgage, win win.

ALWAYS get everything in writing. Hopefully whoever isn’t lying wins, but they might both think they are the one telling the truth. I don’t know how they justify a year without payments, but stranger things have happened.

Bruce Lynn · Answer

Well when most people talk about adverse possession I'm not sure it would always work out.  But in this case I think it could.  My guess is they made some kind of verbal agreement that they can do contract for deed or rent to own or at lease to own or some version of that.  Of course I'll know attorney but in this case my guess is they might have a valid claim.

So if there's no leaves and no contract then how do you resolve the dispute.  A judge would probably look at the intent of the parties.  The tenants are going to say he told them that he wanted them to take over the payments.  And they did that.  Bingo tenant wins.

Disputed Ownership - Renters?

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