tenant at will or guest?

Status
Not open for further replies.
R

rtcochrane

New Member
New Jersey:

About a year and half ago brother in law didn't have a place to live. His aunt said he could stay with her. No rent or money was ever discussed nor did it change hands.

Skip to today, she is now trying to say that he owes her back rent and utilities. Would he be considered a tenant at will even though no terms were discussed and they are related? And if so, how would the cost be determined?

Would the best course of action be to ask for itemized list of charge/cost and dispute in court? A complication of this is now he has moved to Michigan and would be difficult to fly back for a small claims case. Thanks in advance.
 
If no payment for rent or utilities was ever discussed before or during the time your brother-in-law lived with his aunt, she can't sue him for rent now.

Is she now saying they discussed his paying rent/utilities and he never did?

Gail
 
She is not claiming that terms were discussed. She is just trying to squeeze money out of anything that moves.

Thanks Gail. I have been a daily reader of this forum since last year when I had landlord issues and you really go above and beyond to help people in this venue.
 
Sounds like the aunt would have one heck of a time proving to a court that any discussion regarding rent/utilities ever took place. She might be trying to "scare" the brother-in-law into paying something with the threat of a possible lawsuit.

Gail
 
While Gail is legally right on target, the fellow staying with your aunt should help her out. No rent or utilities for how long? a year and a half? We have a name for that kind of person in GA, even family.... :)

Both fish and guests get old after three days!
 
Thank you moral compass. My brother in law was only there a few months. I did however leave out legally irrelevant facts, such as: that he cooked, cleaned, and took care of 3 dogs and his two younger cousins for the duration because the mother is alcoholic (DYFS and the SPCA have been called on her a number of times.) She is also collecting workmans comp for an injury that occured while she was drunk. Eventhough she is on work. com. she is also working another job under the table. She is a low life, but unfortunately the only one with an extra room.
 
About a year and half ago brother in law didn't have a place to live. His aunt said he could stay with her. No rent or money was ever discussed nor did it change hands.

Skip to today, she is now trying to say that he owes her back rent and utilities. Would he be considered a tenant at will even though no terms were discussed and they are related? And if so, how would the cost be determined?
Click to expand...

That sounds more like a year and a half. Cooking, cleaning, and helping around the house are just things you do because you live there. The moral character of the aunt isn't the one in question and doesn't excuse or change the moral responsibility of the "brother-in-law." You seem to have an emotional stake in this answer.

As we said, legally he owes her nothing. My moral opinion is free, and like guests that stay for a year and a half, I'm sure it's unwanted.
 
Yes he did live there a year and a half ago...for a few months and then moved to Michigan. Skip to today, months after he has moved out she is looking for money..I'm guessing because she's no longer receiving work. comp.

Either way, I thank you for your two cents. The point of the post was to get educated outside opinions.
 
Thank you for the explanation. Now it is much clearer and I see what you mean. If he lived there for a couple months some time ago you are right about your assessment of the Aunt. Blow her off.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top