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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33802
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I wrote a question to you an hour ago. It was a continuation

Customer Question

Hi. I wrote a question to you an hour ago. It was a continuation of a question you answered a couple days ago
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello again,

Unfortunately, I was fast asleep at that time of the evening... but I just checked in and saw your post..

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For Barrister Aug 27, 2015 My brothers gave me a written notice today . Termination Notice. As you said, they had to formally give me a 60 day Notice to terminate Tenancy. In the notice, it states after 60 days they will seek legal action to remove me and seek a legal judgment for damages for each day of occupancy after the 60 days and attorneys fees. Each extra day would cost me $89.97. The letter also states they could inspect the premises for damages caused by me. Can they do all of this? My father lives in this house, too. As a matter of fact, my mother and the two brothers lived in this house for many years also! Can they force me to pay for repairs to the house? These are two insane men . They should be grateful I took care of their parents AND shared expenses with my parents all these years.

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And my response:

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While they can legally evict you, they can't charge you anything if you don't move because there was never any initial amount you were to pay per day. So they simply made up that $89.97 number and it is not legally enforceable. The could only charge an amount for "rent" if there was some agreement between the landlord (the trust) and you as a tenant to pay some amount for rent. They can't just arbitrarily make up a number and then unilaterally impose it on you without your consent. So if there was never an agreement to pay rent, they can't start charging it now unless they first gave you a written 30 day notice to change the terms of the tenancy to include paying rent.

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They can inspect as long as they provide you a written notice that they will be inspecting at least 24 hours in advance and state the approximate time of the inspection. If they don't provide proper written notice of any inspection, you can refuse to allow it and turn them away and even call the police if they try to force their way in.

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And no, they can't force you to pay for any repairs to the house unless you actually caused the damages.

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thanks

Barrister

Customer: replied 1 year ago.
For Barrister
They came up with $89 because they got an estimate of what the house could rent for on Zillow.com website--$2693 per month or $89 per day. If they evict me through the courts, do I have to pay all attorneys? The termination Notice said I did.
Customer: replied 1 year ago.
The notice called the $89 "fair rental value".
Customer: replied 1 year ago.
I just want to stay in the house until the house is actually sold. That way I can look for a condo to buy and only move once. They want me to move right away "so they can show the house for sale empty". I would have to move to an apartment, then move again right away when my escrow closes. Not reasonable to evict me under those circumstances. I have lived there since 1966.
Expert:  Barrister replied 1 year ago.

That is all well and good, but they can't charge you unless there was some agreement for you to pay..

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And no, once again, if you were under a lease that states that you are responsible for attorney fees, that would be different.

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They are simply trying to bully you into moving out quickly with these scare tactics.

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thanks

Barrister