Legal Question in Real Estate Law in Michigan
Can I collect rent from buyer of my house?
I sold my house by owner. The purchaser and I had a verbal agreement that she would pay rent until we closed on the sale. She moved in before we closed. The tentative date was for 3.5 weeks later, unfortunately, my mortgage co said I owed a prepayment penalty of $3000.00. I disagreed. I had no paperwork backing this up. The closing was postponed for another month until my mortgage co could prove their claim. In the meantime, she has been living in my house. She says she only has to pay rent up to the tentative date of the close. I disagree. What is right?
1 Answer from Attorneys
Re: Can I collect rent from buyer of my house?
Until a deed is signed, I would assert that she has a tenancy at will and is liable for rent at the agreed amount until the time of the actual closing.
Others may disagree. The absence of a writing is not fatal to your claim, but makes it much more difficult to prove.
It is difficult to guess what a judge's position would be, but he/she could very well take the position that you should have retained counsel for a transaction of this magnitude, and the absence of counsel may indicate a waiver (or certainly a presumption against you) of certain rights or positions.
I would recommend hiring an attorney to get this straightened out.
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