"We seldom get into trouble when we speak softly. It is only when we raise our voices that the sparks fly and tiny molehills become great mountains of contention."
My
in-laws are deceased, and my husband and his siblings manage their
former home as a rental property. A few weeks ago, they decided to
let my newly-married nephew, who is my relation, not theirs, rent the
house. They made a gentleman’s agreement and promised him the
house, but nothing was put on paper.
My
nephew and his new wife are very grateful, as the rent is very low.
And my husband and I, and the newlyweds, have spent the last month
painting and fixing up the house.
However,
one of my husband’s brothers is now insisting that my nephew
and his wife share the house with his soon-to-be married
daughter and her new husband. This young lady actually suggested it!
She doesn’t even know my nephew or his new wife! She and her
father say that sharing the house is acceptable because each couple
will have its own bedroom and bathroom. They see no problem with both
couples sharing the kitchen and living areas.
This
brother is the executor of the estate and legally controls what
happens to the house. How can we respond to him?
Answer:
Your
nephew should tell your husband’s brother, or niece, or whoever
else approaches him with this plan, that sharing the house with
another couple is unacceptable. He should not be tactful or gracious.
He should say, “No. That is completely unacceptable. No way.”
This
blunt response is not rude; it is a perfectly correct way to respond
to an insane proposal by a landlord.
If
your husband’s brother pushes back, your nephew should say,
“No. We have an agreement. You rented me the house, and
I just spent a month painting it and getting it ready to live in. It
is totally unacceptable for anyone else to move in. Absolutely not.”
This
will be an excellent opportunity for your nephew to practice dealing
with unscrupulous landlords, which is a valuable life skill. If is he
inexperienced in this area, you might help him plan his response, and
teach him that this is not the kind of situation where he needs to be
accommodating. It is a situation where he is correct to insist on his
way.
He
does not owe your husband’s family any reasons. “I have
already rented the house” is reason enough. But here are his
reasons anyway.
One:
He cannot — will not — be alone in the house with another
man’s wife. Nor will he require his wife to worry about being
alone in the house with this other woman’s husband.
A
cardinal rule of marriage is that it is inappropriate for the wife of
one couple and the husband of another couple to be alone in a house
together. Married couples should avoid even the appearance of
impropriety, and a man alone in a house with another man’s wife
is the very picture of impropriety.
It
is also an opportunity for actual impropriety. And for false
accusations. That is why married men in the Church do not visit women
alone: they go in pairs or with their wives. And why married men, and
women to whom they are not married, do not ride alone in cars
together. Or go anywhere alone together.
Is
this rule uptight and demeaning? No. It is sensible. It is
respectful. It is loyal. It prevents the unimaginable from happening.
(There
is an obvious exception where a plumber or handyman needs to work in
the house while only one spouse is at home. Even then, the at-home
spouse should keep a professional distance and let the workers work.)
In
your nephew’s case, if the two couples share a house, this rule
will be impossible to follow. There is no way to prevent the wife of
one couple from sometimes being alone with the husband of the other
couple. I am shocked that a father would even consider such an
arrangement for his daughter.
Two:
He and his wife do not want to share a house. They want to make
decisions about their new home and family independent of the demands,
needs, or expectations of other people. What time is dinner? Will
there be TV on Sunday? Sports on Sunday? Will the thermostat be set
to 70 or 80? Who will unclog the toilet?
They
do not want to be modestly dressed every time they go to the kitchen
for a drink of water or piece of toast. They don’t want to
whisper or retreat to their bedroom just to have a private
conversation. They don’t want to negotiate cooking, cleaning,
entertaining, sleep habits, TV watching, decorating, and space with
another couple. They want to control their possessions and how gently
those possessions are used.
Three:
They already made an agreement, and your nephew does not agree to
change it.
I
don’t know what state you are in, so your nephew needs to ask a
local attorney if his oral lease agreement is enforceable. Not that
he will necessarily spend time and money on a lawsuit, but he must
know his legal right to the property in order to understand his
options.
If,
under your state law, the oral lease is legal and binding, your
nephew has the absolute right to exclude this other couple —
and anyone else, for that matter — from the house. If your
husband’s brother wishes to terminate the lease and evict your
nephew, he must follow the legal procedure for doing so.
If
the oral lease is not binding, your nephew needs to understand that
his legal options are limited. And that he should memorialize any
future lease in writing.
Also,
your nephew should find out if local zoning ordinances and occupancy
laws prohibit two couples from sharing one dwelling.
Your
nephew, unfortunately, seems to be caught in a family drama that has
nothing to do with him — indeed, it’s not even his
family. Nevertheless, your husband’s brother seems to see your
nephew’s tenancy as a kind of “win” for your
husband that leaves the brother and his daughter worse off. So he is
trying to even the score by making sure his daughter also gets the
benefit of cheap rent.
I
can guarantee he would not have even considered a sharing arrangement
with some other renter. And I can almost guarantee that what this
brother really wants is for your nephew to pull out of the rental
agreement when faced with another couple as roommates.
The
obvious way to avoid this problem in the future is to raise the rent
to market value. If the house were priced comparably to similar
rentals in your area, renting it would no longer be a coup or a
favor: It would just be a business transaction.
Instead,
you have a situation that reveals your husband’s niece —
and her father — to be one of two things. One, she is totally
insane and immature for even wanting to share a house with
another newlywed couple. If she doesn’t want to live alone with
her new husband, she should rethink the marriage. Or two, she is a
selfish brat and a bully who knows she will be able to force out this
other couple if she and daddy insist that she be allowed to live
there.
No
matter what her reasons, or her father’s reasons, the only way
to respond is to calmly stand up to him. No one needs to fight or
get ugly or dredge up the past. Or threaten a lawsuit to wrest
control of the estate (although that could be an option in certain
situations).
Instead,
your husband and any other of his siblings who are involved in the
decision should tell this brother, “Clive, we already agreed
that Brandon and Bethany could rent the house. We all agreed to that,
and we can’t go back on our word.”
If
he protests that sharing is reasonable, you can say, “It would
be totally inappropriate if Madeline and Matt moved in — you
can’t have two young couples living in such close quarters.
It’s just out of the question.”
If
he protests that the house should be used for “family first”
(and your nephew is not their family), remind him that “family
first” is not the point — the point is you have already
rented the house to someone else. Unless he wants to evict them, the
house is no longer his to rent until their lease is up.
Also,
that the family (I hope) has a reputation for honesty, and evicting
the renters so his daughter can move in is not honest or fair to
them, especially after they have painted and repaired the house.
(It
would also teach this daughter — who is allegedly an adult —
a terrible lesson about what it is acceptable to do in order to get
her way. But that’s another column entirely. As is the proper
application of the maxim that a breach of contract is not a moral
issue.)
What
you should not do is acquiesce to keep Clive happy. I suspect that
many potential confrontations with Clive over the years have been
forgone in the name of keeping peace. But there is no reason to just
agree with him and let him have his way in order to avoid a conflict.
Even
though your husband and his other siblings have no actual power to
make this brother do anything, they need to stand up for what is
right, simply because it is right. In the end, if he insists on using
his unilateral legal authority to evict your nephew and install his
daughter, it should be clear that he is doing so over the objections
of the group.
Do
you have a quandary, conundrum, or sticky situation in your life?
Click this button to drop Cyndie a line, and she’ll be happy to
answer your question in a future column. Any topic is welcome!
Cynthia Munk Swindlehurst spent her childhood in New Hampshire and her
adolescence in San Diego. She served a mission in Manaus Brazil. She
graduated from Brigham Young University with a degree in English and from
Duke University with a law degree.
She practiced law until her first child was born. She enjoys reading, tap
dancing, and discussing current events. She and her husband live in
Greensboro, North Carolina with their two sons.
Cyndie serves as the Sunbeams teacher in her ward.