Legal Question in Real Estate Law in Arizona

My father had promised me my grandmother's house after she passed away. He made this promise to me well before it ever happened. I would say it was a verbal contract between him and me. I was living with my girlfriend (at the time who is my wife now) and her family. My father begged me to come live in my grandmother's house. We had an agreement that it would be my house and I wouldn't pay rent to live there. At first I didn't pay rent to live there but I have started to. I pay rent every month. The house is in need of repairs. He will not fix anything. The smoke alarm died, we don't have electricity in half our house, and the sprinklers in the ceiling needed to be replaced but never were. The dishwasher doesn't work either but that's minor. My wife's father had to get us a new washing machine because he wouldn't. He wouldn't even help install it once we got it and he lives down the street in his house. He owns both houses outright. He keeps trying to raise the rent even more but refuses to fix anything. I am refusing to pay more rent and he is leaving really mean messages on my cell phone and is threatening to kick me out of my house and it has caused my wife to have a seizure from the stress and go on anti-anxiety medicine and depression medicine. Is there anything I can do and do I have a case against my father if I were to sue to try and get my grandmother's house?


Asked on 10/18/10, 8:46 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

A promise to make a gift is not enforceable, so you have no claim to ownership of the house. Your rights as a tenant are found in the AZ Landlord Tenant Act, a copy of which you can get at any Justice Court.

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Answered on 10/23/10, 12:39 pm


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