My sister has agreed to sell her house to me and had a friend residing in the house with her daughter. I agreed to my sister she could stay as a renter for $600 a month. She has failed to make a complete payment and has only paid $425 in the past three months. In the beginning of October I had my sister sign, as did I, a Simple Real Estate Contract. The agreement is that I pay the house payment and that the mortgage will stay in her name. I have payed all mortgage payments on time. I have told the renter I am evicting them due to none payment and they are now pushing back that the house is still in my sisters name. Do I have a legal right to evict the renter or would it have to come from my sister?
ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:
The renters are correct that you do not own the property. Your sister must sign over the ownership of the house by executing a deed and you must record the deed at the Registry of Deeds. Right now you have no ownership interest in this property.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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