Can she do this? Is this legal?

Question

Hello everyone!I recently acquired my old childhood home as no members of the family can care for it (and my nana whom owned it has since moved in with family so she can be cared for 24/7). Anyways, my mother moved out of the 2nd floor apartment, has left 90% of everything left in the house AAAANND ripped up the new carpets in the bedroom... Can she do this? What options do I have?

Bob B. · Answer

@Caroline Bertoni

IMHO you are emotionally attached to this property and if you do not un-attach your emotions of it being "your childhood home" you are in for a hard ride.  Being a landlord is a business.  This is now an investment property and you need to treat it as such.  It's great that you have the house in your name and have a potential tenant.  You have possession and it's time to clean the apartment up and move on.  I'm sorry to hear about your Mother and hope you can resolve your issues but believe its or not she has shown you why many landlords give up too soon.

I hope I haven't come on too harsh but you either need to be a business person or hire a management company, whichever will give you peace and will make you profitable.

Also, you are now Landlord and need to change your title.

Keep us posted and have a great day.

James Hamling · Answer

@Caroline Bertoni I can empathize, both as a person who has specialized in working with estate deals and all the family drama that all too often comes along with such situations (if it makes you feel any better, your situation sounds a lot better than many others I have worked with), and as a person who has had to deal with estate situations within my own family.

I have some important advice for you, SELL.

As you saw that I am sure it was a shock, the very notion of selling is probably emotionally charged, and that's exactly why selling is the best thing you can do if your looking to be an investor. Sell the home and use the proceeds to purchase a property to rent out.

That property will be a continuous source of issues and drama. Any tenant you have will never live up to your expectations of care, any time you see any maintenance item it will be personal, and will make you respond emotionally, nothing good can come from this. And as long as you retain ownership of the property it will always be a point of contention within the family, regardless of what your mother may say her actions clearly show she has hurt feelings, and at end of day she is your mother so unless your ok with that issue until death and beyond......

You could move into the home and use equity to purchase another rental, but in my experience, the family issues will persist.

Selling is the only way to gain closure, to move forward in life, and to make intelligent non-emotional investor decisions.

And while I don't know the equitable gains you may reap from such a sale, imagine if it was enough to facilitate a good cash flowing position into 2 separate rental properties, you could start banking some of that for your grandmother and family if/when it is needed.

David Clay · Answer

Let it go. It seems apparent that there are some relationship issues involved here. Just move on, but before I spent a dime on that house I'd be darned certain I could get my money out of it and that there would be no legalities involved. Resolve all legal concerns BEFORE you do anything to the property that will cost you money or time for that matter. You'll be happy that you took this step first.  I'd be pretty ticked if I cleaned it up and got it in a good, livable condition to only have someone "suddenly" decide that they really are interested in being more involved in "that nice house" that they previously thought wasn't worth anything. I don't know your situation or your people. This is a generic reference regarding what could happen, not what will happen. Good luck.

Daryl Luc · Answer

Your mom did you a favor.  Take advantage of that.  Without any contract for her occupying any part of the premises she wasn't a tenant so all property is abandoned.  Years old carpet....is nothing but years old carpet.  Again, she did you a favor.  To the comment that you should sell, that would be my advice as well.  Emotions always get in the way of good decisions.  Buy another property based on its rent-ability and become a land baron.  Nothing feels better than showing a bad parent that you're a better child.

Scott Mac · Answer

If you get a younger family member (like a teen) to be your helper when you toss stuff, it may be less emotional and maybe even be fun.

Payment being a nice dinner out (gift card to Olive Garden or wherever) after this Virus thing is over and $X for a few hours work.

Good Luck!

Caroline Bertoni · Answer

Thank you @Daryl LucIt may be something I will have to do, I just dont have the heart to do so with my Nana still alive. This entire situation has put more strain than i'd like on my family.

Caroline Bertoni · Answer

@Theresa Harris a lot of stuff is still up there, furniture, CANS OF FOOD, an attic full of old toys...she left an AC on the floor with an towel under it...unplugged the fridge... all my grandmothers stuff is in the basement in boxes. I am working from home due to Covid-19 and have a 19 month old... its rough to get over there and my fiance and a friend have been going over there to box my grandmothers items up. Its all become more than myself and my Uncle (whom my nana lives with and held prior ownership of the house after my grandfather passed away) can handle...

Theresa Harris · Answer

@Caroline Bertoni   your mom sounds like a piece of work.  Leaving that aside, she's turned over the keys.  Tell her that everything left behind is being considered as abandoned and will be disposed of.  How much of the stuff is your mom's and how much is your grandmother's?  Anything that is your grandmothers, you may want to sort through.  I'd rent a big UHaul and a dumpster.  Get as many people as you can (while following any distancing rules that are in place) and empty the entire home...stuff to sort goes in the uhaul, trash goes in the dumpster.  There are also those dumpster bags from some of the big box stores that might be an option.

You mentioned the tenant is moving in on the first floor and your mom was on the 2nd floor.  Is this a duplex?  If so, you should be able to clear out the first floor (if it isn't already done) and get the tenant in.  The sooner you get the belonging out, the faster you can get your tenant in.

Caroline Bertoni · Answer

@Bob B.  thank you! I have called her to tell her that it is unacceptable that she left the apartment that way and also that she had no right to rip up the carpet, her response was that she had permission to re-do the carpet years back and paid for it herself.

Caroline Bertoni · Answer

she's definitely sour that the house was signed over to me even though she has said she doesnt want it and didnt want to stay living alone.Family counseling doesnt work, we went when my dad passed and all she did was throw everything back at my sister and I.Thank you to everyone who has responded, I am just lost... ive never owned a home nor have I had to go through 70+ years of stuff and decide what goes in the trash or gets donated or given to other family.

Can she do this? Is this legal?

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