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Anyone inherit a property with a free loading tenant

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Anyone inherit a property with a free loading tenant

Old 07-02-16, 09:36 PM
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Anyone inherit a property with a free loading tenant

My dad recently passed away and left us with his house, a mobile home. He owned the home outright but paid lot rent as it is in a residential community. Now that we've inherited it, we're responsible for the lot rent, utilities, etc.

The problem is he had his "Girlfriend" living there without paying any rent or any living expenses. We've told her that she will need to make plans to move elsewhere as we plan to sell the place. I have no interest in owning it and just want to liquidate it.

We offered her money to help her move by a certain date, but she just comes up with stupid excuses as to why she can't move by that date. She even asked me to bring my checkbook with me next time I came by so she's have money for food, living expenses, etc. I don't think she has any real intention of moving out. The lot rent is extremely expensive and the utilites are high which is going to cost us over $1k per month.

I live out of state making it difficult for me to handle things locally. I know other otters deal with landlord situations or others have had similiar experiences. Any suggestions?
Old 07-02-16, 09:57 PM
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Re: Anyone inherit a property with a free loading tenant

How much is the mobile home worth? You'll likely have to get an attorney and serve her papers giving her an official notice to leave the premises. If she doesn't comply you would then go for possession and the marshal or whoever throws her out. Could take months to get this done...all the while you'll be stuck with the bills.
Old 07-02-16, 10:40 PM
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Re: Anyone inherit a property with a free loading tenant

I've always wondered with cases of squatters that take forever to get out. Do they have to just physically stay in the place or can they come and go? So if she goes to the store, can you just go to the house and deny her reentry?
Old 07-02-16, 11:02 PM
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Re: Anyone inherit a property with a free loading tenant

Originally Posted by resinrats View Post
I've always wondered with cases of squatters that take forever to get out. Do they have to just physically stay in the place or can they come and go? So if she goes to the store, can you just go to the house and deny her reentry?
Typically once someone has been an occupant of the premises for 30 days they get certain rights. They can come and go, and you can't change the locks on them or otherwise prevent them from returning...that is referred to as constructive eviction.
Old 07-02-16, 11:04 PM
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Re: Anyone inherit a property with a free loading tenant

All legal issues aside, I'd think this "Girlfriend" of your father has to be someone who's important to your father for him to have allowed her to live with him. It would seem a little harsh to call her a free loader and kick her out. I maybe talking out of my bound, but I'd think one of your father's wish is to see her taken care of? No? Unless you need the money from liquidating the house immediately, maybe the "ethical" thing to do is let her be?
Old 07-02-16, 11:18 PM
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Re: Anyone inherit a property with a free loading tenant

Originally Posted by SuperJim88 View Post
All legal issues aside, I'd think this "Girlfriend" of your father has to be someone who's important to your father for him to have allowed her to live with him. It would seem a little harsh to call her a free loader and kick her out. I maybe talking out of my bound, but I'd think one of your father's wish is to see her taken care of? No? Unless you need the money from liquidating the house immediately, maybe the "ethical" thing to do is let her be?
So they should pay for her to live rent free just because the op's dad lived with her? That is absurd.
Old 07-02-16, 11:25 PM
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Re: Anyone inherit a property with a free loading tenant

Old 07-02-16, 11:37 PM
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Re: Anyone inherit a property with a free loading tenant

I thought this may have been posted by UncleJosh's horrible family ...

For starters, have the utilities shut off. She is not a tenant. She is not family. If the OP's father intended to care of this woman, he would have done so in his will.
Old 07-02-16, 11:55 PM
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Re: Anyone inherit a property with a free loading tenant

How much is the actual mobile home worth? Maybe just give it to her. It would look like a magnanimous gesture, let you off the hook, and it would become entirely her problem to deal with the landlord, utilities, and everything else. Wash your hands of the whole thing.

Last edited by Mabuse; 07-03-16 at 12:03 PM.
Old 07-02-16, 11:56 PM
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Re: Anyone inherit a property with a free loading tenant

Originally Posted by Abob Teff View Post
I thought this may have been posted by UncleJosh's horrible family ...

For starters, have the utilities shut off. She is not a tenant. She is not family. If the OP's father intended to care of this woman, he would have done so in his will.
Abob is not a lawyer, and you should definitely not listen to him. Do not shut the utilities off.
Old 07-03-16, 12:03 AM
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Re: Anyone inherit a property with a free loading tenant

Originally Posted by majorjoe23 View Post
"Erlich Bachman, this is your mom, and you are not my baby."
Old 07-03-16, 12:04 AM
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Re: Anyone inherit a property with a free loading tenant

Originally Posted by Mabuse View Post
How much is the actual mobile home worth? Maybe just give it to her. It would look like a magnanimous gesture, let you off the hook, and it would become entirely her problem to deal with the landlord, utilities, and everything else. Wash you hands of the whole thing.
That's what I was thinking, not sure of the legalities though.
Old 07-03-16, 12:16 AM
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Re: Anyone inherit a property with a free loading tenant

Originally Posted by Abob Teff View Post
I thought this may have been posted by UncleJosh's horrible family ...

For starters, have the utilities shut off. She is not a tenant. She is not family. If the OP's father intended to care of this woman, he would have done so in his will.


For starters, have the utilities shut off. Don't do this.
She is not a tenant. I think she is. See a lawyer to find out.
She is not family. How can we know that? Legally, maybe not, but family is the people we love. OP may not--how do other family members feel? How did his dad feel? Is throwing her out honoring his memory?
If the OP's father intended to care for this woman, he would have done so in his will. How can you know that? Maybe he was a bad financial planner, a procrastinator, or had some mild cognitive impairment that prevented him from getting his affairs in order.


Maybe she was a short term girlfriend and all of the above minus the utilities bit is right. We can't know that from what's been posted, though.
Old 07-03-16, 12:21 AM
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Re: Anyone inherit a property with a free loading tenant

Originally Posted by Deftones View Post
So they should pay for her to live rent free just because the op's dad lived with her? That is absurd.
That's actually the deal I have with my dad if he goes before his girlfriend. There are three houses in Arizona that I'll get but she gets to stay in one til she leaves or passes away. Should easily be able to get enough from the other two locations (renting or selling) to more than cover her rent while she's alive.

We've already talked about this though. If we hadn't I'd probably give her 6 months to a year to find a place. If during that time she needed additional funds for anything and it was more than I was getting out of the other 2 places I'd just tell her no.
Old 07-03-16, 01:48 AM
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Re: Anyone inherit a property with a free loading tenant

A lot of it really depends on the landlord tenant laws, which vary by locality, so you need to look into that.

In general, though, she's probably considered a tenant at this point, so you can't just lock her out or kick her out. Nor can you just shut off utilities.

You should notify her of termination of her tenancy, but how much notice you must give depends on what kind of tenant she is right now, which you need to determine based on the local laws. In our state, you have to give 45 days notice of termination for month-to-month tenants. But a holdover tenant you can terminate immediately. Once the tenancy is terminated, but she's still there, you can initiate eviction proceedings.

You could also notify her of how much rent you want her to pay and then try to collect on that during this eviction process. There's usually notification requirements for that too. But it sounds like she really has no money, so it's probably better to get to the eviction phase as quickly as possible.
Old 07-03-16, 02:03 AM
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Re: Anyone inherit a property with a free loading tenant

Movieguru, a lot of what you can or can't do is going to rely on where you're at. Tenant rights can vary depending on state and local laws.

Had kind of a similar thing in my family a few years ago. One of my great-uncles died with a live-in companion; he was in his 70s, the woman was a bit older. He willed his house and car to his niece/my aunt (she's one of those types who's always trying to weasel her way into everyone's wills), and she had the woman out of that house before his body was cold. I'm not exaggerating, she had her on a bus going out of state back to a relative of hers before the fucking funeral.
Old 07-03-16, 02:24 AM
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Re: Anyone inherit a property with a free loading tenant

Originally Posted by SuperJim88 View Post
All legal issues aside, I'd think this "Girlfriend" of your father has to be someone who's important to your father for him to have allowed her to live with him. It would seem a little harsh to call her a free loader and kick her out. I maybe talking out of my bound, but I'd think one of your father's wish is to see her taken care of? No? Unless you need the money from liquidating the house immediately, maybe the "ethical" thing to do is let her be?
We offered her money to help her move by a certain date, but she just comes up with stupid excuses as to why she can't move by that date. She even asked me to bring my checkbook with me next time I came by so she's have money for food, living expenses, etc.
From what we know, she continually comes up with excuses to not come with any money of her own.

People like this don't love anyone.

Except themselves.

movieguru, did this woman even pay any kind of tribute to your father? Flowers, a card, etc? Has she approached with you any plan?

You might be able to work something out with the property owners of the lot that's sitting there. You could pay them a little but to file papers on your behalf, and do all the work. They should know the laws in that state, and all you'd have to do is sign a few papers.

Is this woman's name on any of the utilities? This is very important. If she's not any of the bills that are coming to your deceased father's address, this will make it even easier to kick her out. She may not be stupid however, and could have changed the utilities to come to her. If this is the case, it may take a little more time.
Old 07-03-16, 09:43 AM
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Re: Anyone inherit a property with a free loading tenant

Originally Posted by cultshock View Post
"Erlich Bachman, this is your mom, and you are not my baby."


Old 07-03-16, 10:16 AM
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Re: Anyone inherit a property with a free loading tenant

You could ask the park manager what to do. I assume they could help with how to evict or what to do. Being a trailer park, they probably deal with that stuff all the time.

If it's a towable trailer, you could consider having it towed to your house.

Depending on the person renting, they might think you're just going to give up and let them have it. And, if it's not an expensive unit, you might think about that. Talk to the landlord, make sure you're on the same page about who has to pay the rent, and then hand it over to the woman.

And asking you for food money is sad. What kind of age are we talking? Is it someone who can survive elsewhere? You shouldn't have that burden either way. But that's crazy, asking you for 'living money' on top of picking up the expenses of living there.
Old 07-03-16, 10:18 AM
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Re: Anyone inherit a property with a free loading tenant

I've seen enough of these kinds of issues come up on Reddit's legaladvice subreddit to know that you should definitely not shut off the utilities and change the locks on her. You need to look into the tenant/eviction laws in your area, and follow those. Same with just giving her the property.
Old 07-03-16, 10:39 AM
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Re: Anyone inherit a property with a free loading tenant

1K a month for a trailer???? WTF
Old 07-03-16, 11:04 AM
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Re: Anyone inherit a property with a free loading tenant

Originally Posted by d2cheer View Post
1K a month for a trailer???? WTF
Keeping with the times, it's a "Luxury" lot.

Every new apartment complex going up in Denver is labeled as luxury apartments. At some point, they're all going to be the same, so the term is going to be useless.
Old 07-03-16, 12:02 PM
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Re: Anyone inherit a property with a free loading tenant

[Q, .UOTE=Troy Stiffler;12840820]You could ask the park manager what to do. I assume they could help with how to evict or what to do. Being a trailer park, they probably deal with that stuff all the time.

If it's a towable trailer, you could consider having it towed to your house.

Depending on the person renting, they might think you're just going to give up and let them have it. And, if it's not an expensive unit, you might think about that. Talk to the landlord, make sure you're on the same page about who has to pay the rent, and then hand it over to the woman.

And asking you for food money is sad. What kind of age are we talking? Is it someone who can survive elsewhere? You shouldn't have that burden either way. But that's crazy, asking you for 'living money' on top of picking up the expenses of living there.[/QUOTE]

Not just living expenses, but reimbursement for the cost of traveling to his funeral; hotel, car,airfare. Plus airfare to visit her children last month.

The value of the home is about 60k. While he lived in a mobile home it was by choice not by necessity. He was well off and had money and good retirement incomes. He was only with he for a year. He was staying with us for a year while we got him back to better health. He eventually wanted to move back to his house when he got somewhat better. He met thus woman before moving back. We think she was the main reason he moved back or was able to. He couldn't really take care of himself. His eyesight was not good, could not drive, etc he basically gave her a place to stay, paid most of her expenses while she was there. She drove him to the doctors, cooked, etc. Don't know how much they lived each other but it seemed to be a mutually beneficial relationship in that sense. But hes gone, and her expenses aren't my reponsibility. The social security and retirement she gets exceeds the amount I make at my job. I shouldn't have to not pay my mortgage in order to pay for a place for her to live.

Last edited by movieguru; 07-03-16 at 12:13 PM.
Old 07-03-16, 12:11 PM
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Re: Anyone inherit a property with a free loading tenant

You need to get a lawyer to handle this. You don't know the tenant laws, and you can screw this up. It's an expense of the estate. And this is an area I see penny wise, pound foolish shit done all the time. Just had a guy come in and ask me how to get rid of a tenant. I told him he'd be a fool if he did anything other than get a lawyer to take care of it. I've always said that. And I've seen guy decide to take that advice 3 months after doing being strung along. You'll likely make the same decision, so will you make it now, or 3 months from now?
Old 07-03-16, 12:33 PM
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Re: Anyone inherit a property with a free loading tenant

Yea. If it's a $60k trailer, have a lawyer handle the eviction and cover the costs in the meantime. Worst case it'll take 3 months to get rid of her, and another however-long to get it sold.

You should try to talk her out first. Talk to her about the problem. With most people, there's no way to get through. Or they're simply not in the position to take care of themselves. But give it a shot.

Maybe offer a cash-for-keys deal. Look at how much you'll spend over the next few months getting her out (probably $5k). Then give her the money to get out. That is, if you have the money.

You're OK since it's expensive. Some trailers are only worth $5k or $8k. If that's what it was, I would have walked away from it.

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