Legal Question in Landlord & Tenant Law in Oregon
Verbal Contract of a deceased family member
A man tells his father that he can stay in a house forever without paying rent. The man dies; the widow has to sell the house for financial reasons or lack there of. Can the father of the man hold the widow to the same verbal contract; please explain?
Other information:
The father of the deceased man has lived at the house for five years.
He has not ever paid rent.
2 Answers from Attorneys
Re: Verbal Contract of a deceased family member
Are you taking a 1L property exam?
If you are you should know this stuff by now. First issue is whether the son owns the property free and clear. If the answer is no, then the son cannot grant what he does not own. If yes, he has given his father what is called a life estate.
If the son dies without a will, the state will make decisions about what happens to his property. There is no such thing as a verbal will.
And who, please explain, is paying the property taxes?
The widow needs a lawyer. She needs to run an ejectment suit and this is not self help law. Depending on where you are I might be able to help or refer you.
This is NOT a landlord tenant problem - it is an estate/ probate matter. I wish you the best.
Re: Verbal Contract of a deceased family member
Just to add to Elizabeth's post, it my understanding that contracts that cannot be completed within one year must be in writing, or they are unenforceable (statute of frauds). So there may not be a contract at all.
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