Legal Question in Landlord & Tenant Law in Maryland
I am currently living my deceased grandmother's house. This is part of an agreement I had with her involving my fiancee and I taking care of her in exchange for living in a house she owned. I have been living here for the last 5 years taking care of her, she passed last December. When she passed away, the house was inherited by my mother and her 3 siblings, with my Uncle as the executor. We reached an agreement where my fiancee and I would continue to stay in the house at least until the end of the summer, and could stay on through the end of college, a year and a half, if we wanted to. We'd do renovations on the house while here. Meanwhile, my little brother and his girlfriend lost there place and my mom wanted to move them in with us and have them help with the work and told us with a weeks notice. My brother didn't do any work, there was an argument, and my mother says we now have to leave within the next 3 weeks. We only had a verbal agreement with my grandmother and can't prove it. The only thing we can prove is we were here for 5 years and did some work for my grandmother.My mother really wants us to go and is threatening to call the police if we aren't out in 3 weeks. My uncle said to wait and he'd talk to the other siblings about what they want. He wants us to stay as long as we can, but I don't know what they'll say. Do i have any right to stay and honor the first agreement if I it was a verbal agreement? Do I have any rights as a tenant since I lived here for the last 5 years? Do I have any claim to the original agreement with my grandmother to stay through school, or did that go away with the change of ownership? Do i have any rights or options at all, or do I have to leave with three weeks notice to a change in a verbal contract I had fulfilled. Having both taken care of my grandmother while she was dieing and completing the renovations on the house, do I have any claim the agreements made regarding those tasks, or can the agreement be changed by one side at will? Is living here for 5 years proof of anything? Thank you for whatever information you can give me.
1 Answer from Attorneys
You have no claim to the home without a written agreement from the grandmother. Grandma did you dirty by not changing her will to protect you. Pursuant to the will, your mother and her 3 siblings own the house. What they say, goes. If your mother wants you out, but the brother wants you in, then THEY need to work it out.
A few suggestions:
1.) I would obtain a signed, written letter from your uncle stating that as co-owner of the house, you have his permission to occupy the premises. That way, if your mother does call the police, you can show them the letter and prove that you are not trespassing on the property.
2.) If your mother continues to be nasty and threaten to call the police, there's nothing saying you can't threaten to hire a lawyer in return and sue your mother and the estate of your grandmother if your mother attempts to kick you out or threatens to call the police. Explain to your mother that even if you lose, you are prepared to hire a lawyer to challenge the contents of the will, sue to keep you in the property, and generally make your mother's life miserable (and expensive) for the next few years. Maybe that will make her think twice. Of course, actions speak louder than words.
3.) Regardless of what you do with regard to the house and your mom, it's time to grow up and move out with your fiancee on your own. It may be a struggle for a few years, but it's better than living in fear that you will be kicked out of your home. It will also show your mother that she can't yank you around whenever she sees fit. Your home, your rules.
4.) Next time, before you do work for anyone (INCLUDING FAMILY!!!!), get it in writing.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******
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