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A "friend" had offered to let me stay in her house that she had on the market in exchange for cleaning it out and fixing it up. The Realtor she had didn't even want to show it because it was in such poor condition. I moved in with my son and began the cleanup process. I had to have things hauled out, moved damaged furnishings out and a cleaning mess that I never knew possible! I was to stay there and vacation with my children and then remain in the home while the house was on the market, being available to agents for viewings etc. About a week after I had finally finished getting things cleaned up, she decided she wasn't going to let the house get forclosed on after all and promptly moved herself and her child back in and took it off the market. Said we could "co-op". This caused great tension etc as I did not want to room with her as she is divorcing and has a lot of drama with her ex as well as her child. She then decided she was going to move to Florida a week ago leaving me with a
State/Country relating to Question: Massachusetts Already Tried: This has just happened so I am seeking immediate clarity. She wants to move back into her house AGAIN and though I left my house in Alabama to move in to her house and prepare for selling, she now wants to come back here and possibly displace my son and me. I have done ALL the work in the house I was supposed to do to live here, and she left me a signed document stating this is my residence before she quit her job and left the state. I am frustrated that one week later she wants to move back in. Do I have legal grounds to stay? Thank you for your time. Very Sincerely, Madeline L Michelle
thank you for the post, what is your question?
was there any written agreement in place?
Initially, we didn't have anything written as she was living in an apartment and "just letting the house go to forclosure". After my experience with giving her cash and her moving back in DURING our vacation, when she left last week, I insisted that she leave me a written statement detailing my right to be here and she also stated no further monies due, and I had right to make any alterations to the home and to do as I see fit with it.
thank you for the additional information, so is there a written agreement?
There is just the statement she typed and signed on September 4th stating that this is my residence, and that I can do anything with in terms of decorating or improvements, repairs etc.
in stipulating that it is your residence, was there a stipulation that you would retain ownership, or merely possession?
This is the brief statement she left me with:"To Whom It May Concern,(my name) is residing at (my address) with my full consent and permission. (my name) has full and unrestricted use of the property and authority to make decisions regarding alterations and repairs as she sees fit"then she signed her name
ok, this does not grant you an indefinite right to occupy the property. As such, she can evict you.
To be sure I understand the key issue, are you saying that this statement protects me from her coming back on Friday to occupy the house in that she will have to start legal eviction proceedings, or that I should vacate the property because it's her house legally? The letter she left me offers no protection?
Correct. All the letter offers is that so long as you are in the home you can exercise certain rights. However, the duration of your ability to remain in the home is not stipulated, as such, she can evict you.
I apologise. Need futher clarity on "she can evict you" Does that mean she can come back and move in and toss me on the same day, or does it mean I can tell her I'm not moving out and she will have to evict me? I don't want to face an eviction, but I have an 8 year old, I have done ALL the work to get this place functional etc. Never did she say we would be living together. I'm sorry to keep asking for more info, but really need to understand if she can take possesion back without my consent while I occupy the home? In a typical lease, that would not be the case and she would have to take me to court-a lengthy process. Do I need to hand over her keys and let her in when she gets here Friday? That's really all I need to know.Thank you for your patience.
It means that you can tell her you are not moving out and she can then evict you. The botXXXXX XXXXXne here is that it is not your home, she still owns it. Despite your repairs to the property, it does not belong to you. You simply cannot deny her access to her own property, so yes, you do have to let her in when she arrives on Friday. Otherwise, she can sue you and have you thrown out of the property.
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