Can my Mom's ex-roommate sue me?

Follow
Share

Briefly my mom had a roommate who was not working and not paying rent. My mom had a stroke in 2013 and she was just occupying the home rent frree I asked it she could lookin after her. My mom also had someone come in four times a week. Now my mom is in a care home in Sept 2014, and I need to sell the home for her care. There was a missunderanding about her paying the utilities and now she is not cooperating with the sales agent to let potential buyers into the property. Her stance is "After all I did for you!" and my stance is you lived there for free for three years, now it's time to go. I just wish her the best but I need to sell my mom's house, and she get self rightous and bullies. Any information would be helpful.

This question has been closed for answers. Ask a New Question.
11

Answers

Show:
Thank you everyone
Helpful Answer (0)
Report

Get recommendations from local landlords for a really good eviction service.
Helpful Answer (0)
Report

Truly listen to all above. Start the eviction notice. You cannot turn off the utilities while she's there. But by formally doing the eviction, you're giving her a specific time limit before you can legally kick her out. And that may be difficult since this is a low priority with the police. Once you do it formally, and meet all the requirements, (verify with the appropriate lawyer, one who deals with real estate, before doing this next move) then you can legally lock her out when she leaves the home. Immediately change all the locks and put a notice on the door that she has been effectively been evicted. Remember, verify this last move with a lawyer. Hate for you to be taken to court and the judge sides with her. Cross all your t's and dot all those i's.
Helpful Answer (3)
Report

This would worry me too. After that story in the news a few months back about the nanny who would not move out... It is hard to evict someone. My daughter moved into her first house this year and her room mate moved with her. Kept "forgetting" to sign the lease agreement.. Now RM is preggers and there is not room in the condo for 2 adults and a baby. I am really worried this gal will not go willingly to her mothers or baby daddy's. There is some law in most states about tennets being able to claim residency.. Good luck with this! It could be a mess in the long run.. but start now!!
Helpful Answer (0)
Report

If there is nothing in writing saying that this woman was doing caregiving in exchange for free rent and also was to be paid some certain amount, then she has no grounds for suing for wages. She and your mom apparently had a verbal agreement about the rent. OK. Since that went on for over a year without your mom trying to collect the rent that is evidence that she was OK with the deal. And since the roommate never tried to collect additional wages from your mother in all that time, apparently she was satisfied with the arrangement, too. Without a written contract and without any effort to force a change, I can't see how either woman would have any grounds for suing the other.

Do what you have to do to start the eviction process. And don't be intimidated by empty threats about a lawsuit.
Helpful Answer (1)
Report

So my mom never met her. Not a friend someone looking to rent a room. She had lived ther for about a year and a half when my mother had the stroke. There was a lease and it was month to month but she stopped paying rent. okay thank you. I guess I am just worring too much. I am really stressed out, because I need to get the house sold.
Helpful Answer (0)
Report

0green1, I am confused. The roommate moved in 3 years ago... was she living there rent free at that time prior to your Mom having a stroke a year ago? There was no lease? How long had your Mom known the roommate prior to her moving in? Was she a good friend? Or someone looking to rent a room?

I can't foresee any lawsuit, unless your Mom made promises to this roommate regarding the house, but then again it would have to been made in writing.
Helpful Answer (2)
Report

Well she had at one point said that she was going to sue my brother for doing "his" job...to which I responded it is not his job, my mom made alot of unfortunaten finacial decisions which got her into this mess. So I think that she thinks that she can sue me for wages. The roommate had been evicted from her previous apartment, and my mom ran an ad and she quickly stopped paying rent.
Helpful Answer (0)
Report

Oh, to your original question ... just about anyone can sue someone else for just about anything, but whether they can find a lawyer to take their case and whether they would have a snowball's chance in Hades is another question. What is she threatening to sue you for?
Helpful Answer (1)
Report

You will have to go through formal eviction proceedings if she will not go willingly. That is really unfortunate if she has a cordial relationship with your mother, but it can't be helped. If the former roommate were able to pay market value rent for it and that would meet your mother's needs for her care, fine and dandy. But you have to do what you have to do for your mother's sake. Start legal action, since it may take 60 days or more, depending on local eviction rules. (And yes, they apply even if someone was not paying rent.)
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions