My Dad is the renter from HELL and I need help!

by Readers Question

13:09 PM, 8th March 2016
About 3 years ago

My Dad is the renter from HELL and I need help!

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My Dad is the renter from HELL and I need help!

My Dad lives in a home that is under my name. I claim the property as a rental on my taxes.hell

However, my dad is destroying my property by building numerous structures without permits and now the city if on my case. He has also started a neighbor war and the cops get called to the property constantly in order to keep the peace. I have police officers calling me constantly since the property is under my name.

On top of that, my Dad wants me to add him to the property’s deed as a form of payment for a favor he did for me a long time ago.

My questions are:
1) If I add my Dad to the house deed, can I still claim the house as rental property?
2) Or will him being on the deed void the rental agreement since he would now be part
owner?
3) Can any sort of legal action be taken against me by either the city code enforcement or police department even though I don’t live there and it’s technically my renter aka my Dad that is causing all of the problems?

Thank you for your help.

Yessenia



Comments

Neil Patterson

13:12 PM, 8th March 2016
About 3 years ago

Hi Yessenia,

Do you have a Buy to Let mortgage as if you add your Dad it will become a regulated loan and your existing lender may not allow this. Some will but you may need to remortgage.

Jon Pipllman

13:35 PM, 8th March 2016
About 3 years ago

Where are you based Yessenia? Is it in the UK?

Yvette Newbury

13:48 PM, 8th March 2016
About 3 years ago

Good point Jon Pipllman - I would guess the USA!

Colin Dartnell

18:26 PM, 8th March 2016
About 3 years ago

I'm sorry to say but it sounds like you should evict your Dad ( if you are able to in the country you live), he isn't being very nice to you behaving like this.

I guess he is paying you rent? If he is trying to lever you to put him on the deeds he will say it is his house and does not have to pay rent. Don't do it!

Sounds hard but you could lose everything.

Kate Mellor

20:45 PM, 8th March 2016
About 3 years ago

You do need to be careful where your mortgage is concerned if it is a buy-to-let as most lenders seem to prohibit anyone connected with the owner being an occupier.
Also if you are going to add your dad to the deeds consider that there are two means by which you can do this: joint tenants, where you each own the entire property jointly and each party will own the entire property in the event of the others demise, or (the more advisable in your situation) tenants in common where you can stipulate the proportion of ownership & benefit ie 50/50, or 60/40. Each party can leave their own portion to the beneficiary of their own will. You can then reasonably charge rent for your proportion, which say you own the property 50/50, should equate to 50% of the market rent for the property.

Gillian Schifreen

9:40 AM, 12th March 2016
About 3 years ago

This sound like it's an American problem.

Yessenia Gonzalez

18:06 PM, 12th March 2016
About 3 years ago

Reply to the comment left by "Gillian Schifreen" at "12/03/2016 - 09:40":

You are correct in that I am American. We live in California. But that being said, I would say that my situation is more of a Mexican problem. Sadly, in our culture, parents expect their children to take care of them once they get older and we aren't suppose to question them even when they are obiously wrong.

Thank you everyone for all of your responses and help.
I greatly appreciate it.


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