Legal Question in Real Estate Law in Maine

I allowed my daughter to move into a property that I own, but do not live in. I have allowed her to live free of charge for the last 7 months. (She had intended to help with the payments but ran into tough times so I allowed her to stay without paying me anything. The electric bill is in my name and she initially kept up on that but has stopped paying that the last few months) I have now fallen behind on the mortgage payments and can no longer afford this property. I advised her that another family member is purchasing the property from me, as I would be facing foreclosure on it, I verbally asked her to vacate the premises in two weeks. She advised me that she would not be leaving without legal action and that her plans are to stay there until the property is foreclosed on (which she believes will buy her 6-12 more months of free living) I am trying determine if I have the right to give her a 7 day notice to quit? If she is considered at tenant at will or tenancy at sufferance? She believes she doesnt fall into either because she is a family member and had no verbal or written lease agreement-which is true, at this point she is over staying her welcome. The family member who is prepared to buy the property the day of or prior to the day that the bank has demanded payment from me-April 4th. This family member has also asked me when he does make the purchase, if she has not yet vacated the premises will he have the right to pursue her eviction from the property. I have looked at several of the sample 7 day notice to quit forms and more refer to non payment of rent-which is not the case, she is just interfering with my selling the home and preventing the family member who is purchasing it from moving in. I live in Maine and this property is located in Maine.


Asked on 3/26/11, 3:38 pm

1 Answer from Attorneys
Elliott Teel Teel Law Office

Your daughter is a tenant-at-will like any other tenant. Unless her name is on the deed, she does not have any right to stay.

Since you have not asked for rent, you likely cannot evict her for failure to pay rent. You can give her a 30 day notice to quit, which does not require a reason for the eviction. If she does not move after the 30 days you can begin an eviction proceeding. You may want to consult with an attorney to ensure that you are doing the notice and eviction properly.

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Answered on 3/28/11, 5:52 am


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