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I’m a home owner that has my nephew/brother widowed wife…

I’m a home owner...

I’m a home owner that has my nephew/brother widowed wife living in my home that is dire need of repair but I’m inot able to do repairs until they move out and when I return from Italy in 6 months. I told her that house is unlivable and she needs to find another place until alll repairs are made. But she has no place to go. I need to have something in writing that she is aware of the current situation and staying at her own risk is that possible to have done. I leave Wednesday morning

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None need to get started on it now. I was busy all week making some repairs that had to get done before I leave. My brother left me a soup sandwich here .

Lawyer's Assistant: Have you talked to an Italian lawyer about this?

No my property is here in the USA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

In San Antonio TX

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Answered in 1 minute by:
3/19/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,156
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
I failed to mention that she has nine kids
Customer reply replied 1 month ago
Can’t call my phone was stolen while I was working on the property in question.

Thanks for your patience. I'm sorry to hear about your situation. ll residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes.

Generally, you cannot waive the implied warranty of habitability at all, thus if something goes wrong, then she could sue. But in your case, because she is family, the likelihood of her suing is low in my experience. Thus, if you get an agreement with her, get it in writing that she waives the right to sue and that you have discussed with her the problems and if she decides to stay, it is at her own risk. If you click here, you can purchase a basic contractual agreement and edit it to your liking.

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Customer reply replied 1 month ago
Ok I purchased the basic contract I had the feeling that there was no way around the legal part of being the home owner / landlord it is my responsibility to up keep the property
Customer reply replied 1 month ago
I need to get going need to meet up with the tax man

I would do what you could to keep the place as habitable as possible, but a good defense to a violation of the implied warranty of habitability is having the tenant know the risks of staying on the property. It's not necessarily your fault that she has nowhere else to live, but if you get on the same page as her about what the risks are on the property, then you can limit your liability.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
What’s next? I mean is there anything more I have to do here thanks for the information
Customer reply replied 1 month ago
No more questions

You bet. I think the best thing to do is to write down everything that is wrong, have her acknowledge and agree she won't sue, and then save a copy and send her one as well.

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Customer reply replied 1 month ago
Ok thanks

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