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Asking rent from orphan nephews

Christian E.

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Dear all,

I am new to this forum, so I would first like to greet you all. I am a Christian, but certainly not the most well-versed in the religious way-of-life I must confess, which is why I aim to seek support here. I recently experienced a very troubling issue with my a close friend's family, whose members are allegedly strong Christian believers. Therefore, I thought that it would be good to get the point of view of fellow Christians on the following matter, which is why I would highly value your input here. Sorry if the story is a bit long, but I would like to give you all the elements to objectively evaluate the situation.

The problem is the following. My friend's family (she is a girl) lives in Germany in a single family house. The members (relatively to her) were the two grandparents (motherside), the parents, the uncle (motherside), and the two brothers and sister. When the children were still very young (the girls 12 and 14 years old, the boys 8 years old), their mother passed away after a long fight against cancer. This was obviously catastrophic for the children in many manners that would be too long to describe here. I should mention that, since the family had needed money due to the surgeries needed by the mother, the grandparents had in the meantime decided to have the uncle buy the mother's heritage claim to the house, so that the house would entirely belong to him.

To make things worse, the grandmother, who was the only real support left for the children, died only 4 years later, also from cancer after several surgeries. The father proved psychologically incapable of taking care of the children (he was actually diagnosed with several important mental disorders after the death of his wife), and the uncle, while living in the same house, very objectively did nothing at all to help them, except granting them the right to remain in the house. Four years later, the father also passed away from a lung cancer, leaving the children alone in the house with the uncle, who has been their only family left (the grandfather died shortly after). At that time, the 16-year old boys were legally put under the responsibility of the uncle, who noticed that they had inherited a bit of money from their father (in total approx. 20'000 USD, their only money). In 2007, one month after the father's death, he therefore decided to request a rent (~400 USD/month + 300 USD/month for water, electricity, gas) from the two boys and the girl (my friend had left the house). This rent contract has been running until nowadays. I must add objectively that the uncle has had the chance to never experience financial issues during this whole period and until now: he spent 50 years of his life with his parents, with the grandmother cooking and taking care of the household, he always had a stable job and has lived in a very frugal way. A few months after the father's death, he actually got married and moved in his wife's house, leaving the children alone in the family's house. The situation with the uncle pushed the sister to also leave the house and move in with her then-boyfriend living far away.

I would like to hear what you sincerely think at this stage.

In such a situation, is it normal to request a rent from 16-year old nephews? Would you have done the same?

As you can imagine, the children went through a very difficult path, financially, and more importantly psychologically. It would be too long to describe the numerous problems. In short, after the death of their mother, they entered a depressive state, which was obviously strongly aggravated by the subsequent events. They stopped going to school and refused to leave the house. After some time, my friend managed to resume her studies and pushed her brothers and sister to do the same. The process took several years of very very intense efforts, which I have personally observed in part (I met with her shortly before her grandmother's death). The children have developed a very shy character. Thank God, they all refrained from criminality, drugs, or other perversions, but they really went through a very difficult path, on which their sister was their only support. I know it may sound crazy (at least it is to me), but the uncle really barely talked with the children, never inquired about their lives, only rarely drove them to shop (they walk 3 km by foot to go to the supermarket), never brought them to church, and even seemed annoyed by their unwanted presence while he was still in the house. On one of the rare occasions during which he talked to me about them, he referred to the boys as "apes" that would not be able to take care of their lives.

This brings us to nowadays. After incredible efforts from my friend, her sister will finish her Bachelor diploma at university in one year, and the boys have finally managed to get their psychological issues more or less under control, graduate from highschool, and enter first year Bachelor. I must say that the children have always been very smart and skilled young people. Before all these sad events, they were ranked among the very best middle school students in mathematics of the Hessen region in Germany. More recently, one of the boys, who had undertaken a 3-year apprenticeship, was awarded a price for the best apprentice in electromechanics in the Hessen region. The situation finally looked better, but it was still extremely fragile (one of the boys still attempted suicide only a few months ago, and none of the children, who are now studying at university, have a job). And it is in this context that the uncle, under the strong impulse of his wife, sent a formal letter to the boys two weeks ago, putting an end to the 7 year rental contract and requesting them to leave the house before July, because he wants to sell it. (When asked if he experiences financial difficulties, he answered that he is not, and I can say for a fact that he obviously is not.)

This brought extreme sadness to my friend, who thought that things were finally getting better, and more critically, it was a terrible psychological blow for the boys, who entered a depressive state again, with one of them not able to attend his semester exams at university. My friend tried to discuss the matter with her uncle, telling him that now is really not a good time for all this and that selling the family house like this without prior family discussion is unacceptable. But the only answer she got in return (from the uncle's wife, who, I could personally observed, was terribly aggressive), was that they should take a loan from a bank (which is obviously impossible) and buy the house.

Again, I would appreciate to hear your external opinion on this matter. Is this acceptable behavior in your opinion, especially for Christians?

Let me apologize for the very long post. I must say that I lack experience with such matters, so I am looking forward to hearing what you think.

Sincerely,
Christian
 

civilwarbuff

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I certainly don't know German law but it seems an attorney needs to be brought in....and should have been brought in some time ago.
Unless the laws of Germany are very different (or 16 year olds are legal adults) I find it hard to believe that any contract signed would be enforceable due to age of the kids. If the uncle signed on behalf of them (it sounds he had legal control over their affairs) that would be a conflct of interest which should also make the contract unenforceable. Even a verbal agreement with a minor is probably not enforceable. Outside of that he sounds like an uncle in name only.....and they may be better off keeping him at arms length in the future.
 
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Odetta

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To answer your question, no it's not acceptable behavior, even for non-christians. In terms of help for these children, sounds like legal counsel is needed. I'm from the US, so I know nothing of German law. In the US, this uncle would be investigated by government agencies (child protective services, police, etc.) should this situation be brought to their attention, and a court advocate would be appointed for the minor children. If German laws are similar, are you in a position to do something to help them?
 
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Christian E.

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Dear CivilWarBuff and Odetta,

Thank you very much for your opinions and advice.

No contract was initially signed, and the uncle just took the money as he was the children's legal representative. After they came of age, he actually continued requesting the money from them without any contract. It is later on that the boys themselves, under the advice of my friend, asked for a contract, because they were paying this rent but could not prove it to the administration, and as a result were not entitled to social assistance funds to start going to school again. My friend initially wished to contact a lawyer, but the boys really wanted to avoid any conflict in the family and thought that it would be fair for the uncle to take some money. She then gave up to avoid causing further trauma to the boys. She however phoned the local child protection agency shortly after the children became 18, but, crazy at it may seem, they brusquely answered "they are not underaged anymore, we can't do it anything" and literally hang up the phone. (At that time, Germany was strongly cutting spendings on social assistance services to restart the economy. That does not justify such a behavior in my opinion but probably partly explains it.)

Over the years, I have welcomed the boys and girls several times for extended periods at my home, especially when they were repeatedly struggling to resume their schooling. My mother also did so on several occasions. The problem is that we have been living very far away from them (my mother lives 500 km from there, and I now live in Asia). I have regular talks with them several times a week and visit them twice a year, but I cannot really engage in any procedure for them. Two years ago, the boys had to financially support their sister, who was starting her Bachelor studies (thank God, no tuition fees in Germany) and had no money to survive in the first months. As a result, they informed their uncle that they would temporarily not be able to pay the rent to support their sister, which he agreed on. As a result though, they are still lagging behind and have not yet fully paid back the uncle yet (so far, they have paid back around half of the amount due so). While he had never ever complained about it, recently he brutally sent a letter to the boys requesting from them to leave the house, and he used this fact as official reason to request for the rental agreement to be terminated. We have consulted a lawyer, who said that this would not be enough for him to stop the contract, but he advised that the remaining rents due be paid as soon as possible to avoid legal complications (i.e. while the court decision would still be in their favor, they would be asked to pay the uncle's lawyer). As they are unable to cover for this amount in one shot now, I will give them this money.

However, this is just postponing the issue, as the uncle (and his wife, who actually is the real instigator of all this) wishes to sell the house and seems to be ready to use all means to reach this goal (they even consider selling the house with the boys inside). The situation is difficult because the boys and their sisters don't want this house, which has been build by their grandparents and which is the only remain of their family, to be sold. (Not even mentioning that the boys still live there and need a roof.) Moreover, there has been no preliminary discussion about this matter and this just comes as a brutal unilateral decision. I am not sure how well they could manage to buy the house in the form of monthly payments, but the uncle totally refused this solution anyway. Either they take a loan (which is obviously impossible) and buy it in one shot, or nothing. As a result, he went as far as asking me (and the current boyfriend of my friend's sister) if I would be ready to take a loan to buy the house and have the 4 children pay me back over time. I was utterly shocked by this request, as I have been a long time friend of the family (of the children and the grandparents, that is) but not an official member of the family, and on top of it I am just over 30, whereas he is their uncle, has two houses, has plenty of money, a wife who is also working and has also spent her whole life living with her mother, and they are both close to retirement! So far, I have not declined the possibility to buy the children more time for negotiation, but I of course intend to refuse.

At this stage, I don't think that I can help them much further I am afraid. But more than legal matters, I have been wondering if such a behavior is really socially acceptable. Personally, I feel that it is deeply wrong and that it goes against the values of family and mutual assistance, which should be shared by everybody, especially members of the Christian community. But, anyway, I am curious to hear if I am just being naive and what the opinions of other people are.

Thank you very much again for your inputs.

Sincerely,
Christian
 
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LaSorcia

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If the situation is as you describe, this is morally reprehensible behaviour on the part of the uncle. It makes me sick!
James 1:27 paraphrase: Pure religion is to take care of widows and ORPHANS...
He is not only hurting them, he is hurting himself, as his bad deeds will come back to him if he doesn't repent.
 
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Christian E.

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Dear LaSorcia,

Thank you for your input. Redirecting to the Bible to show him that his behavior is generally seen as reprehensible (not just by me, as this is the underlying point I believe) is a very good idea! That is exactly the kind of matter in which your input would be precious. If you know of other citations that would be help, I would greatly appreciate if you could share them.

Thanks again.

Sincerely,
Christian
 
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LaSorcia

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Beaker

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If and only if, the 'uncle' was putting the money to the side to be given back to the nephews / niece, then I would say it is a good thing, initially just to teach them to budget and make sure their bills are paid whenever they do get employment and move out on their own. but at 16? Legally i don't think the uncle COULD or SHOULD be taking money from a 'child' and at 16 they are still 'children'.
 
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