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Paying all bills and upkeep vs rent. Please read

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lcampeau

Junior Member
What is the name of your state (only U.S. law)? Florida. Hi. My mother passed away 5 years ago. I was allowed to remain in the house for a year to decide if i want to buy it. I chose not to. House was up for sale 3 times..no offers. I have 2 siblings. I have paid all house insurance, taxes, CDD and HOA fees, pest control, maintanence and upkeep. This does NOT include my utilities and living costs.I have never asked for a penny. House is now sold. My siblings think it is unfair that I have "lived here for free" for 4 years. The total I have paid on the above is $37,596. I haven't even totaled in mandatory pressure washing, landscaping etc. They will be asking me for "back" rent at closing. Do you think think I live here free or owe them money? I just don't see it that way. Can anyone enlighten me, PLEASE?What is the name of your state (only U.S. law)?
 


curb1

Senior Member
You have paid enough, most likely. Offset what they expect for rent with the $37,596 that you have expended. Hopefully you have documentation to back up your claim. They should have been glad that you lived in the house rather than leaving it empty.

What did they say when you showed them the receipts of your expenses? You should include the pressure washing and landscaping expenses.
 

Dave1952

Senior Member
Ok, $37,600 over 4 yrs is $9400 per yr or $780 per mo. How much would this house rent for? Hard to tell whether you're a winner or a loser in this deal without knowing what comparable houses in your area rent for.
I suspect that you came out better than even on this deal.

Good luck
 

anteater

Senior Member
Tell them to pound sand. And that you expect a check for your share at closing. If they want to sue you, so be it.

There was no agreement to pay rent them rent.
 

lcampeau

Junior Member
Thanks, keep them coming! and to To isis 1

Thanks all. All suggestions and views: keep them coming.
To Isis 1: There was no rental contract. My mother, b/c I took care of her didn't want me thrown out on the streets:) So to speak. I had 1 year to decide. The fact that the housing economy in FL busted(after I made my decision not to sell was not my fault) and when the house didn't sell, that is the issue I assume(from their standpoint) Can't help that. I could have paid rent and then we ALL could have divided up the above in my post.No problem. I am not a free loader. I have kept this place immaculate. But, it was never brought up. It was only brought up that I should pay rent. I, of course, said I am paying "the above". And, we go around and around in circles...that I live here free. Thanks all!
 

lcampeau

Junior Member
Addendum

I want to do what is morally and ethically correct for the sake of all of us. But, i do agree with all of you. Please keep the feedback coming!!
 

latigo

Senior Member
I firmly agree with anteater that as a devisee or heir to the property you are NOT obligated to compensate the others for your use of the property.

As far as I can determine from reading the Florida Probate Code the state has never disturbed the basic common law principle that title to real property passes to the heirs or devisees immediately upon death. *

And from that I would argue that whatever possessory rights the heirs have during probate administration are shared equally. The same as cotenants have equal rights to the possession of real property, with neither being responsible to pay rent to an absent co-owner.

But it sounds like you are outnumbered here, plus the PR may not be in your camp.

So, I strongly suggest that you consult with your attorney. And much before the PR starts divvying up the spoils. Because should the PR cut and distributed checks to the heirs making a rental value adjustment and docking your share, you are going to have a hell of time trying to unravel it.

In other words, snooze and you could lose. Because it is one thing to be favored by principles of law and often quite another in effectively asserting them!
__________________________

And as far as listening to “legal advice” from Issis1, you’d have better luck stopping and asking a stranger on the street. At least there would be some wild chance of the person having some legal credentials, but no chance with Issis! Just read some of her “no-speak” in here. Like her, “what does your rental contract say?” What rental contract, Issis?
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[*] The only specific enactment I find that relates fo that principle is F. S. Section 733.801 which abrogates the rights of the devisee at common law to have the residual estate applied to pay off existing encumbrances.
 

Isis1

Senior Member
And as far as listening to “legal advice” from Issis1, you’d have better luck stopping and asking a stranger on the street. At least there would be some wild chance of the person having some legal credentials, but no chance with Issis! Just read some of her “no-speak” in here. Like her, “what does your rental contract say?” What rental contract, Issis?
___________________


[*] The only specific enactment I find that relates fo that principle is F. S. Section 733.801 which abrogates the rights of the devisee at common law to have the residual estate applied to pay off existing encumbrances.
I love you too, sweetie :X
 

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