My question involves an eviction in the state of: Indiana
DEAR MODERATOR, I'm not sure if this is the best forum for this, but I took my best guess.
How can this maliciously one-sided 50 year fixed rent lease (this among other insane provisions) be voided?
If not voided, how can the landlord play hardball with this crooked tenant?
(ANY and ALL legal angles, even if not so nice)
Are there ANY weak points that can be attacked?
Here's a link to the lease:
http://ift.tt/17Mhl7U
Here's some important background.
(sorry for the length)
This lease was drawn up by the tenant.
The landlord was a mentally competent businessman in his early 90's
The tenant intimidated the landlord into signing the lease without allowing the landlord to read it.
i.e. Tenant shoved it in the landlord's face with a pen and stood over him saying "SIGN IT!....SIGN IT!....SIGN IT!...." until the landlord signed it.
Two men were there that witnessed this.
As soon as the landlord read what he'd signed he was VERY angry and went to an attorney about it.
The attorney advised the landlord that the only way to void this lease was to allow himself to be declared Mentally Incompetent.
The landlord refused to allow himself to be declared Mentally Incompetent and didn't know how to proceed from there.
The landlord died intestate with heirs in 2011, and this property as well as others he owned are in probate and up for sale.
The estate attempted to get this lease voided based on the intimidation of the tenant, and the fact that no reasonable sane landlord would ever willfully sign a lease like this.
Court came, and the two men who witnessed the tenant intimidate the landlord into signing this lease agreed to testify to it in court.
When put on the witness stand, BOTH suddenly denied it happened.
We know but can't prove in court that they were bribed by the tenant to change their testimony.
The Court RULED that no proven coercion took place, that even a sane landlord has the right to agree to a lease that is on it's face maliciously one sided in favor of the tenant who drew it up.
SO THE LEASE STANDS.
- So at this point, no sane person would ever buy this property with this lease.
- And no sane person would want to be a landlord of this property that in a few years will be a net loss to whoever owns it.
ALSO note, that this lease even gives the tenant a 50 year option to first right of refusal to a totally separate property that's now in probate and the estate is attempting to sell!
ANY ADVICE OR ANGLE NO MATTER HOW REMOTE WOULD BE APPRECIATED. :-)
DEAR MODERATOR, I'm not sure if this is the best forum for this, but I took my best guess.
How can this maliciously one-sided 50 year fixed rent lease (this among other insane provisions) be voided?
If not voided, how can the landlord play hardball with this crooked tenant?
(ANY and ALL legal angles, even if not so nice)
Are there ANY weak points that can be attacked?
Here's a link to the lease:
http://ift.tt/17Mhl7U
Here's some important background.
(sorry for the length)
This lease was drawn up by the tenant.
The landlord was a mentally competent businessman in his early 90's
The tenant intimidated the landlord into signing the lease without allowing the landlord to read it.
i.e. Tenant shoved it in the landlord's face with a pen and stood over him saying "SIGN IT!....SIGN IT!....SIGN IT!...." until the landlord signed it.
Two men were there that witnessed this.
As soon as the landlord read what he'd signed he was VERY angry and went to an attorney about it.
The attorney advised the landlord that the only way to void this lease was to allow himself to be declared Mentally Incompetent.
The landlord refused to allow himself to be declared Mentally Incompetent and didn't know how to proceed from there.
The landlord died intestate with heirs in 2011, and this property as well as others he owned are in probate and up for sale.
The estate attempted to get this lease voided based on the intimidation of the tenant, and the fact that no reasonable sane landlord would ever willfully sign a lease like this.
Court came, and the two men who witnessed the tenant intimidate the landlord into signing this lease agreed to testify to it in court.
When put on the witness stand, BOTH suddenly denied it happened.
We know but can't prove in court that they were bribed by the tenant to change their testimony.
The Court RULED that no proven coercion took place, that even a sane landlord has the right to agree to a lease that is on it's face maliciously one sided in favor of the tenant who drew it up.
SO THE LEASE STANDS.
- So at this point, no sane person would ever buy this property with this lease.
- And no sane person would want to be a landlord of this property that in a few years will be a net loss to whoever owns it.
ALSO note, that this lease even gives the tenant a 50 year option to first right of refusal to a totally separate property that's now in probate and the estate is attempting to sell!
ANY ADVICE OR ANGLE NO MATTER HOW REMOTE WOULD BE APPRECIATED. :-)
Breaking a Lease: How Can a Landlord Void a 50-Year Lease
0 commentaires:
Enregistrer un commentaire