[tina7252]

I am in a huge dilemma that I could not sum up in the subject line. Let me try to make this as simple as possible (cause trust me its complicated! ) and someone PLEASE help me!!

My mom has lived in her house rent free for 20 years. She was married to the owner *** brother until he passed away in 2000. She was always promised (though not in writing, rights for life to the property). I lived there with her until 2 years ago when *** (the owner) let me have the apartment downstairs from the house, again rent free. We are "supposed" to be family as my mom was married to her brother for so many years and this is how the rent free situations came about. We also worked for *****at her motel for years but it is only a summer operation and right now me and mom are both unemployed with the intent of going back to the motel once it re-opens.

OK here is where it gets even weirder... *** is going through a lot of problems including being sued for foreclosure on the motel (which in turn includes the house as its one of many properties she used as collateral on the loan) and she is turning against everyone in her anger because another family member has bought the note from the bank and he is now suing her for foreclosure (even though he now owns the note the foreclosure process must continue to release him from obligations of Wendy's debts). The other day Wendy gave both me and my mom a letter that starting in January we have to start paying rent. We have never paid rent before (in my moms case 20 years of living in her house, and in my case 2 years of living at my apartment). I do not want to pay a dime to this woman. If you knew more about this you would know this is just her being spiteful.

OK so that's the background, now here are more things:

-the new note holder thinks Wendy is outrageous and does not want rent from us. Does he have any power in this as Wendy is still on the deed- even though the new person holds the note now.

-do we have "squatters rights"/"adverse possession of the property because we have had possession and occupancy for so long without a lease and without paying rent?

-do I need to see a judge to exercise those rights NOW or wait until she tries to evict us?

-What chances do we have if she tries to evict us?

Someone please help me because I am so scared and totally freaking out. Thank you in advance to any and all who took the time to read this.

Thank you,
Tina

[tina7252]

Forgot to add we live in South Carolina if that helps with an answer.

[Fr_Chuck]

So you don't want to pay any rent to the landlord? OK move to some other free rental.

The landlord ( owner) can if there is no written lease, change the terms of the rental with 30 days notice.

So they may start charging rent anytime they want.

And they should, if they are about to loose the property it would be silly on their point to not charge rent that may help them pay.

And to be honest unless you are doing something ( work or something else) you should not expect someone to give you a free place to live.

So it is easy if you don't want to pay them any rent, just move and pay someone else. That way they can rent it out to a paying renter

[tina7252]

So you don't want to pay any rent to the landlord ?? ok move to some other free rental.

The landlord ( owner) can if there is no written lease, change the terms of the rental with 30 days notice.

So they may start charging rent anytime they want.

And they should, if they are about to loose the property it would be silly on thier point to not charge rent that may help them pay.

And to be honest unless you are doing something ( work or something else) you should not expect someone to give you a free place to live.

So it is easy if you don't want to pay them any rent, just move and pay someone else. That way they can rent it out to a paying renter

Thanks for replying. It is technically NOT a rental because I have never paid rent and do not have a rental contract. We are family staying on family property. Does that change anything?

[ScottGem]

I look at this a bit differently. First there is no such as "squatters rights" anymore. However, there are laws about adverse possession. Your mom may qualify under that law, but I think that's a long shot.

I think she is better off trying to pursue the life estate promise. I think the fact that she was married to the owner's brother (did he ever own it?) and has lived there rent free since he died, could be prima facie evidence that has the right to live there rent free during her lifetime.

You, however, enjoy no such protection. I also don't see any spite issues here. According to you Wendy is facing losing her business and several properties she owns. I don't see spite in her wanting to charge rent, I see self preservation.

The note holder has no say in management of the property unless they are listed on the deed.

She has the right to change the terms of the occupancy at any time, unless you have a contract that states you are enttitled to free rent. Again, your mom may have some grounds for the life estate ruling.

So, if she tries to evict you, she will most likely win. Your mom may prevail however.

[ScottGem]

Thanks for replying. It is technically NOT a rental because I have never paid rent and do not have a rental contract. We are family staying on family property. Does that change anything?

No, that doesn't change a thing. You are still tenants, not owners, Therefore, you are subject to what the landlord wants.

[Fr_Chuck]

No, you are still "renters" or tennants, just not paying any rent. They were either exchanging it for something or merely giving you charity.

As for squatters rights, it does not fall under that, since they were aware you were there and allowed you to be there openly.

This is what I hate about charity and helping people, they start to believe they deserve it and don't appreciate what they had before.

Soon it won't really matter, once they foreclose on the property, the new owner will most likely want to be paid rent anyway.

You only have two choices move or pay, that is really legally the only choice.

[jules1212]

Hi, I'm not from the law or anything but my understanding would be that you have squatters rights for starters and as there is no real evidence who can say you have rights to pay for rent as Wendy is still on the deeds its her word against anyone's and if anything you must take it to a court of law get a lawyer asap don't waist time get as many authorities behind you as possible and don't let anyone else take the first steps.
I hope this has been of some use to you Tina.
Hope you will and have managed by now to sort things out.
May happiness be restored in your life.
Jules. X

[excon]

Hi, I'm not from the law or anything but my understanding would be that you have squatters rights for starters

Hello jules:

Thanks for your participation. We NEED good experts. However, this isn't just an IDLE discussion about the law... People's LIVES depend on what we tell them.. It's an AWESOME responsibility. Therefor, you SHOULD know a little something about the law BEFORE you offer advice here, because people can get hurt if you're wrong. And, your advice is absolutely, and unequivocally WRONG!

excon

[Fr_Chuck]

Sorry no we do not delete questions, I have altered a few names to try and take away the identity. Not sure what law suit, since honestly, the property belongs to someone else, everyone knows it belongs to them, and you could or should have been saving money for 20 years of not paying rent.

I have no idea why someone would think they should get free rent ? After that, as soon as the bank forecloses, they can evict since they would own it and no other agreement has any standing then.

More work at finding a new place to live or paying rent to the owner who has the right to change the payments due on a home they own.

Even if the "life estate" the person living there will have to pay insurance, taxes and up keep of property. Have you been paying those at least for 20 years ?