Have Legal Questions? Ask a Lawyer Now.
Thanks for your question and good afternoon.
This would not give her a claim.My suggestion here is a letter agreement where she agrees to pay the insurance and utilities in lieu of rent until she vacates it.And add a vacate date here.That way you have some proof of agreement.
Certainly you are doing her a favor here by allowing her to remain for the cost of the insurance and utilities.You just want to make sure you verify that she has done so.
This would be a reasonable way to confirm your agreement to avoid any dispute down the road.
You are being more than generous this is certainly a fair way t o handle the matters/issues involved.
She is a month to month tenant here.If she doesn't leave after the agreed time you would have to begin eviction proceedings.
Since she is already living there her status does not change if she pays utilities and insurance.
It has been my pleasure to help you.Please let me know if you have more follow up.Thanks again.
I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.
This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.
Thank you for the quick response. Just so I am completely clear: Even though she has not been paying for anything since my step dad passed [a month a half ago] she is considered a tenant and therefore has tenant rights? A formal eviction would still be necessary if she were to refuse to leave?
Yes it would.Anytime you have say an adult child, a girlfriend, or a relative--here his wife they are considered month to month tenants.You would provide them notice and then file an eviction suit.But certainly a doing a letter agreement here to confirm what you have discussed is the way to go.You mail it to her as trustee and put a signature line at bottom where she agrees.This gives you a contract that would allow you to file suit for insurance or utilities if she doesn't pay them.
Re:Our agreement concerning the property located atXXXXX city, state.
This letter is to confirm that the trust has agreed to let you remain on the premises until July 1, 2013 and that you agree to vacate them at that time.You further agree to pay the utilities including water, electric, gas, cable, etc for the period from April 1, 2013 until the time that you vacate.This will allow you the time to make arrangements to relocate.It is my intention to list the property for sale on .... and that you agree to show the property given proper notice.Please confirm your agreement to these terms by signing this letter and returning it to me for the trust files.
Something like this as a letter agreement to confirm your terms.
And you may want to add language that such utility payments are in lieu of rent.
I wish you good luck here.This will hopefully avoid any misunderstandings.
Feel free to modify the form to your facts..
Good luck here with the sale and thanks for the rating.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).