Landlord Question and Answer Forum

When mom died verbally agreed to let step brothers wife and kids stay in house. Just pay taxes, insurance and do own repairs. That was 5 years ago. We called her on June 1 and told her we are trying to sell house and need her out by July 31 so we can get in and do whatever. She doesn't want to leave. No lease or written anything. All evictions ask for terms of lease nothing takes into account we were generous and now she is a b*&^%.

Well I guess the first queston would be...did your mom provide for this arrangement in writing, such as with a will. Who are the executors of the estate? Who did she leave the home to? This is why there should ALWAYS be a written document. But a verbal or implied Lease is considered valid as well in many states. Are your "tenants" paying the taxes, insurance and so forth? If the home is legally your property, then you may provide notice to terminate You must give proper and sufficient notice according to your locality. If they do not leave after you serve notice, then you may start eviction.

Posted by Denise S, PA on Saturday, July 21, 2007

I agree with Denise that teher should always be a written lease. It is the very reason that you can work to avoid issues that tend to be "blurry".

Posted by James P, PA on Monday, July 30, 2007