Verbal Lease Agreement Rights
Summary
Verbal lease agreements in Virginia are legally binding but can be difficult to enforce without written proof or witnesses. Contact the Virginia Residential Landlord and Tenant Act (VRLTA) for assistance.Full Conversation
I live in a home that is owned by a gentleman that has a reverse mortgage and he just had a massive stroke and has to go into a nursing home and his son who the house would go to is acting as though this gentleman is already dead and I checked online and saw that they would have to abide by leases rental leases and that the landlord cannot stay away from living in the home for more than 12 months so my question is as far as I understand does the house still belong to the owner for at least 12 months
Are you currently under a lease agreement with the owner of the house?
He has been one of my best friends for the last 20 years and we have a verbal agreement that I can stay in this home until he dies I have taken care of him for the past four and a half years solely and he has had numerous medical issues and no one in his family has even attempted to help me
Do you have any written proof or witnesses to confirm your verbal agreement with the owner?
In Virginia, verbal agreements can be legally binding but are harder to prove.
In Virginia, verbal agreements can be legally binding but are harder to prove.
Yes absolutely
In Virginia, verbal lease agreements are legally binding. However, they can be difficult to enforce without written proof or witnesses. If you have any issues, you can contact the Virginia Residential Landlord and Tenant Act (VRLTA) for assistance.
I have another question for you if the landlord / owner is under a reverse mortgage does the next of kin have the right before he dies to do anything with this house
What actions specifically is the next of kin trying to take with the house?
In general, the owner retains the title in a reverse mortgage until death, sale, or moving out permanently.
In general, the owner retains the title in a reverse mortgage until death, sale, or moving out permanently.
They're acting as though he is already dead and now they're they are putting him in Hospice at his sister's house when he wanted to be in his own house until he died but he is not able to talk right now and I would continue to take care of him and they are being extremely nasty about this and they won't even let me see him all they want is for him to die to get his house his money and not have to deal with him but they haven't had to deal with him in the last four and a half years I've taken care of him completely by myself
Do you have any legal documents like Power of Attorney or Healthcare Proxy that would allow you to make decisions on his behalf?
No honestly didn't see this stroke coming didn't think I would need it he has asked me to marry him at least a hundred times in the last 15 years and I regret that I have not it saddens me that they have to say so and I don't have the right to say anything but they know how much he loved me and they have tried to fight it all this time but it never worked in their favor
Do you have any written communication where he expressed his wish for you to stay in the house or take care of him?
No
What actions have the next of kin taken regarding the house so far?
They're just telling me that I need to make other arrangements as though he is already died and I'm holding on to the belief that he is going to recover and come back home to me from my understanding from reverse mortgage that they do not even attempt to try to take possession of the home unless he has been out of the house for more than 12 months
What is the name of the reverse mortgage company? This information can help us understand their specific policies.
Enerbank
What specific actions has Enerbank taken regarding the property so far?
Nothing this just happened less than * weeks ago
What is your plan if the owner doesn't recover? It's important to prepare for all possible outcomes.
Thank you very much
You're welcome! If you have any more questions in the future, feel free to ask.