Q: After taking care of my roommate for 10 yrs and I was told to move out. What is my right?
have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know what to do. Help
A: If you have a written promise or a deed, you need to see a lawyer now. Or, you could surrender your rights forever and go away.
Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2 years or 10 years.
A deed set up to transfer property after death does not usually give the "remainderman" (person who would inherit if the owner passed away owning the property) any rights to the property before then. I presume you are talking about a life estate deed. If so, a life estate deed can be structured in 1 of 2 ways - 1) as a life estate deed WITH full powers, meaning the owner can change it at any time with or without anyone else's consent or 2) a life estate deed WITHOUT powers, meaning the owner must get permission of the remainderman to sell or transfer.
If you can't tell which kind of deed you may want to check with a lawyer. If you conclude that you have a life estate deed WITHOUT the current owner keeping powers then a title company should not complete a sale without your consent and signature. On the other hand, if the owner drew up the deed keeping powers to change or sell the property during their lifetime they should be able to exercise that right without anyone else's permission. It is not possible to tell which kind of life estate deed you may be dealing with by your description but it is very common for owners to keep powers in a life estate deed.
While not legal advice I hope that this helps. You may wish to consult with a lawyer to look at the deed and/or if you think you are a tenant with a lease reach out to the Montgomery County Office of Landlord-Tenant affairs to see what rights you might have as a tenant. https://www.montgomerycountymd.gov/DHCA/housing/landlordtenant/
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.