No lease and no rent was ever required : ezLandlordForms

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No lease and no rent was ever required

Faith F

started a topic almost 10 years ago

A relative has lived in a home on some family property for over five years, rent free, no lease or written agreement. It is an older home, not up to code on anything, not fit for habitation. Due to a falling out between family members eviction is now being threatened. Not sure on what grounds since I can't see how Landlord/Tenant applies. There were no rules to be broken, or non-payment of rent to be an issue. The original agreement was that the relative could live there, for free, until the owners sold the property and it has never even been put on the market. They have offered to pay rent numerous times but the owner refused to accept anything over the years saying 1) family and 2) the house wasn't fit for anyone to live in and they didn't want anyone to really know anyone was living in it anyway because then taxes would be higher because it would be considered an 'inhabited structure' on the property, and 3) they would have to report any rent on their income taxes. Also, the property is still in a deceased relative's name (that died over 10 years ago). It was left to the current owner, who has never transferred it over to their name to avoid paying higher taxes due to their younger age (school tax would apply). So, technically, the property is actually owned by the deceased person, correct? So...can they evict? Does the resident have any recourse?

1 Comment

Derrick D

said almost 10 years ago

No the property cannot be owned by a deceased person. It would be to next of kin that person would have full say of who and what can be done with the property. If the property is not fit for living eviction is allowed. If there was not a verbal lease or written lease then the persons in the house are considered trespassing and will need to be evicted as a squatters.