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paintover · Jun 29, 2008, 11:41 AM

I own a house that my brother, his wife and their 3 kids moved into several years ago. Wanting to help my brother out, we agreed that he would pay me a minimum of $250/mo. They didn't always pay, but I understood that they were having a rough time financially. My real concern, of course, has always been the three kids. About 3 years ago they divorced, he left and she remains there with the kids to this day. I've kindly asked her to try to pay "something" to help out with payments, insurance, and taxes. She did a few times, but for the past year there's been nothing. She gets SS Disability for herself and the kids, and child support from my brother. She could afford to pay, but prefers to spend her money on other things. She owns some vacant property nearby. I was wondering if I could place a lien on her property for the amount she owes me?

charlotte234s · Jun 29, 2008, 07:39 PM

Well since you didn't have a written agreement, she technically owes you nothing, but technically, she is a squatter and you could have her arrested for trespassing. Maybe if you told her of this circumstance she would wise up and come to her senses. Tell her to sign a rental agreement (lease) or you will ask her to leave and if she does not, you will have the police come out to the house and remove her.

JudyKayTee · Jun 29, 2008, 08:12 PM

Originally Posted by charlotte234s

Well since you didn't have a written agreement, she technically owes you nothing, but technically, she is a squatter and you could have her arrested for trespassing. Maybe if you told her of this circumstance she would wise up and come to her senses. Tell her to sign a rental agreement (lease) or you will ask her to leave and if she does not, you will have the police come out to the house and remove her.

She would have to be evicted - she's your tenant whether she pays rent or not.

In the vast majority of States there is no such thing as a "squatter," certainly no such thing as an invited squatter, particularly one who has been there as long as she has. By virtue of the meaning of the term, she is not in that category ("Squatting is the act of occupying an abandoned or unoccupied space or building that the squatter does not own, rent or otherwise have permission to use. Squatting is significantly more common in urban areas than rural areas, especially when urban decay occurs.")

If your agreement with her was that she will pay you "something" I don't know how you are going to come up with a dollar amount that she owes you - you had no meeting of the minds, no oral agreement.

"Something" could be a dollar a month.

As far as liening against her property - if you get a Judgment against her you can use any legal means at your disposal to collect. I have no idea what property she owns and whether it is protected or not.

Fr_Chuck · Jun 29, 2008, 08:39 PM

Actually at this point you will even have a hard time to evict her right away. You have a rental agreement where you have agreed to "let her pay something if she can" so you are going to have to give her a written notice of the exact rent that she has to pay, it can not be some vague amount that she can pay if she wants. You have to give her the notice in writing and be specific as to the day it is due. This notice will have to be a 30 day notice.

So in 30 days if she does not pay you can start eviction for her not paying for that month, I doubt you can even prove that any past due is due at this point because of your agreements.

After she actually owes you rent after next month, you can evict and then attempt to collect that amount.

At this point you are operating a charity operation for this family.