How do I evict a sister from a house I own when there was no contract or lease agreement?
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How do I evict a sister from a house I own when there was no contract or lease agreement?
Before my mother’s death 3 years ago, she deeded me 2 parcels of property. On one 3 acre parcel is a house. Immediately after mom’s death, she took possession of the house (we didn’t know about the deeds until 2 weeks later). I agreed to let her and her 2 grown sons to live in the house with the agreement that she pay all present and future property taxes on that parcel. I paid taxes (still under mom’s homestead exemption). She was to pay the next year’s taxes $2551.74, she didn’t. I paid $3031.37 to redeem them. Lat year’s taxes of $2551.74 is due next month. I don’t think she’ll be paying those either.
Asked on January 6, 2012 under Real Estate Law, Mississippi
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have an oral agreement for your sister to remain in the home that you own and your sister is not agreeing to the terms of the rent, your options are as follows:
1. not do anything and continue to make the property taxes.
2. speak with your sister about the need to pay and make a decision on how to proceed based upon her answer.
3. serve your sister with a 30 day notice of termination of her lease. If she fails to make payments on her oral lease, your option is to then file an action to evict her. If that is what comes to pass, I suggest that you retain a landlord tenant attorney to assist you in this endeavor.
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