Check out some similar questions!

neptooone · Aug 1, 2013, 02:01 PM

I am leasing a home which is owned by my Mother. Rather than purchase it with a contract an attorney recommended she just leaves it to me in her will. I am still making payments on an agreed total of $90,000 with no interest. A good bargain. We decided to draw up a rental lease anyway. Only my name is on this lease. My girlfriend and her son also moved in with me. She agreed verbally to help pay the house rent ($800.00)and bills(there may be text messages substantiating this but not sure) However for over two years I did not receive a dime as she rarely searched for employment. She finally got a job and after working for 3 months and my constantly insisting she follow through with her agreement to pay. I get a mere $400.00 a month for house payment, garbage, sewer, water, electric, gas. I didn't even include cable and internet service which has also been available this entire time. It is never on time. Never in advance. Usually near the end of the month. Her son is a juvenile delinquent and has been arrested numerous times often for damaging this property. His Mother commits the same crimes. Most recently (this weekend) busting out an entry window by throwing a screwdriver at it. She also has assaulted me on numerous occasions. I did call the police on two of those attacks but she had departed the scene and avoided arrest. I did get a temporary restraining order. I was also contacted by the prosecutors office requesting I testify against her. I agreed but had a change of heart and guilt so the charges were dropped. I also let her convince me that things would be different and no more domestic violence would occur and thus allowed her to move back in. I want them out! I have been trying to get her to leave. But she won't. My mother dislikes her so much she refuses to even visit anymore. My plan is to file for another restraining order due to recent activities as well as older ones. At the same time serve her a notice of eviction as a subletor thus avoiding putting more stress upon my Mom to do an eviction? Is this going to work? She keeps saying she wants to leave and has most of her belongings in storage but she NEVER LEAVES!

joypulv · Aug 1, 2013, 02:13 PM

You can evict her as the tenant on the lease. Give her 'notice to quit' in writing and meanwhile go to your local courthouse to start the paper work. The notice to quit just says that you are terminating her and her son's tenancy there on 8/31 and they must be gone by midnight on that day. Do it TODAY. Keep a copy. Give one to your mother just for extra witness.

ScottGem · Aug 1, 2013, 04:57 PM

Since you have a lease with your mom and she isn't on it. She is your tenant and you are her landlord. You can give her a pay or quite notice to pay all she owes or vacate in 10 days. If she doesn't move out, then you can file for an eviction. If you get a restraining order that can force her out sooner.

joypulv · Aug 1, 2013, 05:12 PM

There's a difference between just terminating her tenancy and telling her to pay or quit. Paying an amount that was never specified clearly in writing will make it tough to evict her for non payment.

Fr_Chuck · Aug 1, 2013, 05:59 PM

I will address another issue, the house, are you sure "YOUR" attorney told you to do this, not your mothers attorney. At this point there is nothing in writing that you own the house, if for example, the mother has to go into a nursing home, they may have claim to house, since it is still in her name.

You are just renting the house, not buying it legally so you are not making the payments as you described, merely making rental payments.

I would suggest you speak to an attorney about your rights and the dangers of doing this like you are. Your mother the week before she dies, could easily just change the will and give house to someone else. Or she can sell the house and evict you. Or just evict you, latter if she gets mad at you. At this point you have little rights and protection.