Legal Question in Real Estate Law in Washington

Horrible Renter

I bought a house 2 years ago with no money down. I had told my friend that moved in with me if he pays 30% of the mortage for the next 2 years I would give him part of the equity when I sold or refinanced in two years. For the last 6 months he has not paid. I have already given him $33,000 so he would just get out but he is claiming he should get 50% of the equity and is now looking to sue me. We have no written agreement, his name is not on the house, and we have a rental agreement he singned that has been broken because he has not paid for the last 6 months. Dose this friend have any chance of winning?


Asked on 8/22/07, 4:50 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Horrible Renter

Your lack of rental agreement and the fact that his name is not on the title means the house is yours, but it doesn't clear up the issue of what portion of the equity he might be entitled to.

Then you say there IS a rental agreement. Can't be both ways.

Also, it is curious that you gave him $33,000.00. For what? As his "share" of the equity?

If he hasn't paid rent for six months you probably can't evict him at this point, especially if he thinks he's owed a share of the equity. You might do better to call it an ejectment, which is a different cause of action.

You aren't going to wind up losing your title to your house over this, but it could take some litigation to quiet his title claims.

Hope this helps. Elizabeth Powell

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Answered on 8/22/07, 7:16 pm


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