? Renter's rights

**Nishu** · 11-05-2009, 02:36 PM

My mom is letting my brothers stay in her empty house. My brother had a friend stay with him. So there's 3 people in the house, and none of them have anything but a verbal agreement and that agreement was never for a specific amount of time, just that she could stay if she paid.

Long story short, girl gets kicked out. It was due to an argument, but prior to that she hadn't been paying rent and was apparently snooping and causing trouble. She gets warned and days later gets caught up with rent, then the next day gets kicked out and gets her money back.

My mom is a little concerned. This girl says she has rights. I don't believe she's got any legal recourse but I don't know. There was never any agreement written down, and the verbal agreement was more or less between my brother and her BUT what little money she paid was paid to my mom, who owns the house.

So what do you think?

Thanks in advance

**Greebo** · 11-05-2009, 02:44 PM

There is no lease. Brother is a guest, and is helping with the costs. Girl had a verbal with the guest, not the owner.

I'd consult with a regional real estate attorney to be sure, but my gut tells me the girl is pretty much done. She got her money back, there is no lease, she has no proof of an agreement, she has no right of occupancy.

Your mom absolutely should draw up a lease between herself and your brother, tomorrow.

**Teresa T** · 11-05-2009, 03:13 PM

Were any of the utilities in her name? Does she have any mail that can prove occupancy. How long did she live there?

It sounds like the typical 'I know my rights mentality' If she doesn't have any money then perhaps she is just trying to say something in desperation.

I'm far from an expert in this though.

**Nishu** · 11-05-2009, 06:36 PM

Thanks folks. I just talked to my mom and someone (who turned out to be girl's brother) called my mom and said "Fire trucks and police cars are in front of your house at {address}" and then hung up. Apparently, this was just after they called the police in order to get them at my mom's house, expecting that my mom would drive there to check it out. (She didn't, but she sent my brother and stepdad.)

According to the police, mom has to give this girl the benefit of an official eviction even though there was no lease. The cop did advise her to just get her stuff and go though, since she obviously wasn't wanted there.

This drama in this retelling is, btw, greatly condensed.

Thanks again guys

**Greebo** · 11-05-2009, 06:52 PM

Hmm. Interesting. I wonder if the police are actually correct on this. Probably - I'm sure they see this more often than I have.

Well - in any event - this is an excellent illustration of why you draw up papers even with - ESPECIALLY with family.

**frugalfranny** · 11-06-2009, 01:35 AM

I see your location is Wa........if your mom is in Washington, I have a couple of sites that might help you.......

Good luck.........washington laws tend to favor the tenant if you don't have a good lease.......

One site is for info (the first one)........and one might give you some forms if she needs them.......many are free........

http://www.atg.wa.gov/LandlordTenant/default.aspx

http://www.thelpa.com/lpa/free-forms.html

Good luck.......a few people here have had trouble with SQUATTERS..........yeow!

**pinetree** · 11-06-2009, 08:25 AM

Here in Co. the girl must be given a eviction notice, and proceeded as if she had a lease. Even if there is nothing in writting she must Follow the law, and by Law that girl had a right to be there.

Did she post a demand of payment? Here By law you must post the notice and give them 72 hours to get caught up on rent "Before" you can start eviction through the court.

Your Mom might look up squatters rights. We have alot of that going on here, and it takes alot to get them out. We dont allow anyone staying for more than two weeks or they can say they are squatters and you cant get them out.

Hope this makes sense to you.

**Nishu** · 11-06-2009, 09:12 AM

My mom is in Ohio. I'll be looking at those links though because I bet I'll find something useful. Thanks again.

**frugalfranny** · 11-07-2009, 12:46 AM

Originally Posted by pinetree

Your Mom might look up squatters rights. We have alot of that going on here, and it takes alot to get them out. We dont allow anyone staying for more than two weeks or they can say they are squatters and you cant get them out.

Yeah, and this trend is scary! It has gotten stronger here too. One guy played hell getting some out of HIS GARAGE!!!

My limit is one week with no prior notice to me.....two weeks with prior notice, and after that it raises the rent....with other stipulations and limits.

The other 'big thing' here is people getting Dr. slips for an animal when they aren't allowed.