Landlord and Tenant?

[frances]

Unusual circumstances. Live in DC. Ex-husband owns house. I live there with our child. He has not paid full child support amount due each month, but instead (in the month's that he does pay child support) pays the total child support amount due less the mortgage on the house. This arrangement (he made it on his own, I have lived with it) has been going on for the last several years. In late May he informed me that he was selling the house. Last week he informed me that the house was sold and I had to vacate by June 30. Would not tell me who the new owner is. I have determined that the house has NOT been sold (no new deed recorded) and no mortgage payoff amount was requested from mortgage company. Mortgage is not assumable - so no Quit Claim Deed is possible. Can he do this? Do I have any tenant rights (because I accepted the reduced child support payment and payment of the mortgage as total child support amount)?

 

[Tracey]

You need to talk to your divorce lawyer, or hire one if you represented yourself. If the court awarded the house or its use to you, he can't evict you & may not be able to sell it out from under you. Furthermore, you may be able to sue him for all the back CS he didn't pay. Suing for back CS will probably inspire him to negotiate a settlement where you get to stay.

He can't evict you without a court order. If he does try to evict you, defend the suit & demand a hearing. The judge may declare that he can't evict you. If a court so declares, then even if he sells the house, the new owners can't evict you!

Even if he can evict you, he can't do so on 1 week's notice. He has to give proper written notice, then initiate eviction proceedings when you stay beyond the notice period. Don't move. If he kidks you out without a court order, you'll get LOTS of $$ from him in damages. Talk to the local tenant's association for help locating the applicable laws. Since you're in DC & not any state, you may have to rely on city ordinances or federal laws.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.