Legal Question in Real Estate Law in Washington
Would like him to be out
Mrs. Hill recommended me selling my #1 house to her worker, Jay based upon the condition.
Jay would work on my another #2 house immediately as a downpayment in the amount of $6,000. Jay would pay me $300 every month for 30 years. Jay would pay taxes due every year. Jay would also provide proof of insurance for the #1 house.
Based on Mrs. Hill's recommendation we agreeed on the above conditionss through verbal contract and NO written contract was drafted.
However, the following circumstances have arisen. Jay did not work on the #2 house immediately. It has been over a year. He still has not finised it yet. Even though I got an loan to fix the # 2 house. I cannot sell the # 2 house now. I am not receiving $300 every month. I have not been provided proof of insurance. He has not paid for the property tax. I received the delinquent notice. My debt has been increasing.
Can I evict him? Do I have to send him an eviction notice, even though there was no wriiten contract?
1 Answer from Attorneys
Re: Would like him to be out
You need to slow down and have an actual lawyer evaluate these claims. No, you cannot evict him, you need to eject him - that is different.
First of all, no interest in land will transfer without a deed and a real estate excise tax payment. There is a statute of frauds recognized in this State prohibiting that conduct.
Then on the other hand, you cannot use the SOF as a bar to your duty to pay or reiburse this guy for the labor he's performed for you.
I have no idea who Mrs. Hill is or why you would rely on her advice. She's not a lawyer, right? No reasonable attorney would propose this transaction, as it cannot be lawfully done.
If you own the house and there is no written contract the taxes are your problem, not Jay's. Pay them first, argue about who has the duty to pay later. If you don't the county can foreclose for unpaid taxes. Don't risk it.
Similarly, without a written agreement he has no duty to get insurance, and your mortgagee is going to be unhappy if they learn there is no insurance. This obligation belongs to you because you own the land.
I am concerned that if you attempt to evict him on these facts you will lose because he will claim he isn't a renter. You have no rental agreement to which you can refer to say he's a renter.
You don't say what county you are in. You need to talk to experienced real property counsel, and the sooner the better. Hope this helps. Elizabeth Powell
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