Evicting someone who doesn't have a lease

[Lars Sommer]

[I am cross-posting this from the real estate sales forums as I think that was not the correct location for the question, please forgive me if this is not appropriate]

I'll keep this as drama free as possible.

I met a girl who had two kids and we got pregnant. I lived in a condo at the time (I still own it, it's rented out but losing $300 a month and I have a $48,000 special assessment to pay due in March) and we needed room. We went to buy a house but her credit was so bad that if we put her on the loan app we would've gotten denied. Instead, she put up half the down payment and I am the only borrower on the loan and on the title.

She paid half the down payment and half of all the mortgage payments until now and the intention was always that this was her house too.

Well, queue predictable eye roll following bad decisions - we broke up some time ago and it's not going well. At all. I have to get a lawyer just to have access to see my son.

My question is this: If I have a renter (my ex-gf, who has kids) who is not on any bills, or mortgage, and there's no lease or any other sort of written or signed agreement, and I am now in financial dire straights and need to sell the house to pay for lawyers fees, how does this shake out? This is no exaggeration: I am already in the process of moving in with my mom to try to get back on my feet financially.

Ideally I'd like to make her an offer: "Buy the house from me at market cost minus your invested equity, or move out in 90 days and I'll cash you out when the house sells."

Help. Seriously, need help here.

Thanks,

[Nathan Gesner]

I'll start by answering your question.

You own the property. She is a renter on a verbal agreement. In most states, that equates to a month-to-month lease and you are required to give her 30 days notice in writing. Send a very simple notice:

Dear X,

Due to the termination of our relationship, I can no longer afford to keep the home. I am hiring a REALTOR and listing the house for sale March 1, 2020. I am giving you official notice to vacate the home no later than February 29th and returning possession to me.

I would send this certified so you can verify receipt and have proof for court. You could send it by text or email but I think it's best to keep it professional and a certified letter is better for court.

Personally, I would offer to pay back her half of the deposit. I may even pay her more if the sale produces any profit, but that depends on who paid the mortage, utilities, and maintenance along the way.

Be prepared for her to push back or stay longer. If she is not out completely on March 1st, have an attorney prepared to start the eviction THAT DAY. You don't want to try it yourself or accept any requests for "just a few more days". 

I also don't recommend you offer to let her buy the house. It sounds like you're not in a good place and any attempts at negotiation are more likely to result in more confusion, more anger, more pain. If she wants the house and feels capable of purchasing it, let her go to the bank to get qualified and initiate the move.