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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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I typed this once, will try again. I am 68 and my boyfriend

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I typed this once, will try again.
I am 68 and my boyfriend is 72. I own my own home and have a reasonable retirement savings. He only has his social security and does odd jobs. He can no longer work and wants to move in with me. He does not have much money and has filed for bankruptcy several times. He is a very nice guy and we have a lot of fun together. My husband died 5 years ago. I need to know if there is any form I should create to protect my home and finances. I do not plan on charging him any rent. He does yard work and is very handy around the house. I read where if we split up, it is very hard for me to get him out of the house without going through the courts. Can you advise me on whether or not I need a legal document to protect my interests?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

You do not intend to marry your boyfriend or add his name to any of your accounts or assets correct? It shows that you have posted a $36 deposit for this question, but I am a user of this site like you are and do not have access to your account information. If you have further questions about your account, please contact customer service.

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.


No, I do not want to re-marry or change any of my legal documents. His name will not be on any of my accounts. All money will be kept separately. He thinks if he takes care of the outside yard and inside slight repairs now and then this will compensate for living rent free.

I see. Thank you for clarifying this for me, Jan.

There is no legal document that you can require your boyfriend to sign which would protect your assets typically since he would not have an interest in your assets in any case since you will not be adding him to the title nor will you be remarrying.

However, your concern is well founded about being able to evict him if you decide he should not live in your home any longer for some reason and he is unwilling to move out voluntarily. In that case, you would normally need a court order evicting him which can be carried out by the local sheriff. There is no way to force him to waive this right typically but you could enter into a simple lease agreement setting out the fact you do not intend to charge him rent for certain chores he agrees to perform on your property so there is no question that he is a tenant and not something more.

In the agreement, you could also include a provision that he would be liable for attorney's fees and other costs if you are forced to seek an order of eviction after you provide him with notice to move out and he refuses to leave.

Here is a simple lease agreement that can be used to draft your own based on your own needs:

http://www.simplerentagreement.com/

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 3 years ago.


How long would he be allowed to live here if he is served an eviction notice?

To terminate a month to month tenancy, which is how this would typically be labeled, a MD landlord must normally provide at least 30 days notice to the tenant before initiating eviction proceedings. Here is a link which summarizes the law:

http://www.nolo.com/legal-encyclopedia/maryland-notice-requirements-terminate-month-month-tenancy.html

If the tenant is engaging in unlawful activities on your property, then you could proceed directly to the eviction process.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 3 years ago.


So, I complete the simple rental lease adding the language you suggested. He will pay for most of his own food. I may ask for help with some utilities but I have not decided on this yet. He really does not have much money.


 


I know on these forms there are many questions. What do I do, leave them blank or put "N/A" there?


 


Is it easier to make him move with a lease such as this?


 


I do not understand how having a lease agreement protects me.

Hello again, Jan.

For sections which do not apply, you can omit them if you are typing your own lease, or put N/A if you are just printing out the form.

It is usually best for the parties to have their rights and responsibilities set out in writing as they are more likely to adhere to their promises then, and if he attempted to argue that you promised him an interest in the property, you would have the lease to show only a landlord-tenant relationship was intended.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 3 years ago.

Will this rental lease have to be filled out monthly or only one time?


Do I need to get a lawyer or have it notarized?


 


He will be storing a lot of his equipment, yard tools, etc. in my garage. Should a list be prepared? He is not a bit concerned about all this - but I am. Just in case anything happens.


 


This all sounds rather cold even though he tells me he loves me - and I do care very much. I still feel the need to protect myself. I do not know how he will react to being on a month to month lease.


 


Lastly, can this conversation be printed for my information.

It only needs to be completed once and you don't need an attorney but it would be best to have it reviewed by an attorney.

Yes, you could include a list of his property which will be on the premises. I realize it seems very detached for a personal relationship, but it can help prevent problems down the road for both of you.

You should be able to print this from your browser in the upper left corner of your screen by clicking on "file" and "print". If you require further assistance, customer service can assist you with this as well.
Customer: replied 3 years ago.


Thank you for your patience and help.


 


So I completely understand, by having a monthly rental agreement signed, this will allow me to ask him to move out with 30 days notice should it not work out for us?


 


Also, this lease will prevent him from making any claims against me for a share of my property since he is not paying rent or mortgage? My home is paid for completely.

You are very welcome!

 

You could provide him with 30 days notice even if there is not a written lease agreement, but having it in writing will make your intentions clear so there is no room to argue that you intended to give him an ownership interest in your property.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


Thank you so very much. Good Night.


Jan

You are very welcome, Jan, and have a wonderful evening.

Kindly rate my service so I will be compensated for my time assisting you. Thank you!

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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Thanks again and all the best to you.

Tina

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