IS IT POSSIBLE TO BE PAYING RENT IN YOUR OWN HOUSE WHEN THE MORGAGE IS PAID FOR?
THE MORGAGE IS PAID FOR
My grandmother died late April,
i never had to pay her money for rent,
she left a trust fund for me but i can't get the money until i am 24 yrs old.
My mother, my aunt, and I are suppose to get $25,000 each. i am now 20 yrs old.
mY mother is not in charge of the money because she had a nervous breakdown (mentally she isn't there)
My trustee and excutor (my aunt) is paying my grandfather $600 for rent per month our of my trust to my grandfather.
Currently i am unemployed.
Both my trustee and my grandfather live in the same house i live in it.
My aunt don't have to pay my grandfather (her dad) anything...
In addition she has moved her boyriend in..(he don't have to pay any rent either)
I feel like they are requesting for too much, and taking advantage of me. I don't have internet, i don't have cable, they don't feed me, the house is dusty, my aunt uses illegal drugs. (smokes weed) And most of all the morgage is paid for.
The reason why they are taking the money out is because i signed a lease on Oct 1st 2010,
and in the will grandma said that my $25,000 can be used for my shelter.
The lease goes from June 1st 2010- May (end of the month)...
i feel like i was pressured into signing it, they had me sign it in front of a lawyer (the lawyer of my grandmother's estate)...
i signed that paper oct 1st..at age 20
Lastly grandmother said when i turn 24 i can get the remaining balance...
if i continue staying here i won't have any money when i am 24 years old.
Today i moved out, Dec 4th 2010 i am staying with my mom who live in the Bronx, NY..(my aunt and grandfather lives in queens)
EVEN THOUGH GRANDMA SAID IN THE WILL MY AUNT CAN USE THE MONEY FOR MY SHELTER SHE also said that she leaves the house to ME, MY AUNT, MY MOTHER, AND MY GRANDFATHER EQUALLY DIVIDED...IS IT POSSIBLE TO BE PAYING RENT IN YOUR OWN HOUSE WHEN THE MORGAGE IS PAID FOR?
i filed a lawsuit (for them to pay me back 3,600 dollars.)
My case starts in January of 2011
The problem is they could still take money out of my trust fund for Jan, Feb, March, April etc (up until the lease runs out even though i am not staying there...SINCE I SIGNED THE PAPER AGREEING TO PAY THEM
DO YOU YOU THINK I WILL WIN THE CASE?? WHY OR WHY NOT??
WHAT FACTS CAN I PROVIDE IN THE COURT ROOM?
BE HONEST PEOPLE KEEP IT 100%
BEST ANSWER WILL AUTOMATICALLY GET 10 POINTS =)
- x4294967296Lv 69 years agoFavorite Answer
Since you own a percentage of the house you're entitled to a percentage of the rent. Everyone who lives there has to pay equitable rent, if anyone does, because nobody has more ownership of it than you do. Equitable rent means paying a fair share according to the size of your room etc. If you talk to the right lawyer you might be able to settle the case out of court. But finding the right lawyer is hard, because so many of them are incompetent and/or dishonest.
- Cheryl GLv 79 years ago
You don't say whether the rent is supposed to cover utilities, insurance, taxes and other sundry expenses. If it does cover those items, then it isn't too much. Even though the house has no mortgage, the real estate taxes are still due, the utilities must be paid and generaly maintenance must be done, as well as homeowner's insurance.
You need mediation to get through this problem with your family. Filing suit is a drastic measure which might wind up costing both sides hundreds of dollars. See if you can find a lawyer who will quote a flat rate to give you some good advice regarding the situation. Frankly, $25,000 isn't much money and legal fees can easily be more than that amount.
There's a chance the judge may rule in your favor, but it isn't likely. You really do need a lawyer.Source(s): Experience.
- 9 years ago
you are being scammed by your pot smoking aunt. this is immoral.
My mother took money out of my uncle's trust fund and let him live in a basement suite somewhere in poor condition. I called the public trustee and they took her rights as an exectutrix away from her. I don't know if you are under age in the States. I am assuming that is where you live. I think someone else other than your aunt should be managing this estate.
I am glad you got a laywer and I hope they work well for you. In addition to getting your money back i would ask the lawyer about someone else managing the money and that you should be able to live there free. I think the whole issue of money being taken out for your shelter would be if you lived somewhere else, say at college, and your aunt used that clause as a loop hole.
Also unless the house is tenants in common, which is uncommon these days, you could possibly force the sale of the house. I do not know the laws in your area. You may want to enquire about this as well.
after rereading I had to ad. It is unclear who owns the house. Does your grandfather own the house? Then yes he can charge you rent. However it breaks the stauts quo because you never used to pay rent, why should you start now and why isn't anybody else paying rent? your aunt is just trying to scam you out of your trust funds.
you said its your house. Did your grandmother leave the house ownership to be shared with the entire family? In that case you shouldn't pay rent and you could force a sale of the home as long as it is not 'tenants in common'.
are you under age in your state? You can talk to a public trustee to take care of your interests.
- lightupthesky25Lv 59 years ago
If you own part of the property, it is not really fair for them to charge you rent. Whether it's legal or not, I'm not sure - that's a question for a lawyer. But you signing the lease they gave you was a big mistake (unless it's illegal for them to charge you rent) because by doing so you agreed to pay it whether it's fair or not.
Unless they have done something illegal by making you pay rent, more than likely the court will hold you to the lease because you signed it. Unless you can prove that they put undue pressure on you to sign it (and asking you to sign it in front of a lawyer I don't think would constitute undue pressure).
Also, just FYI the fact that the mortgage is paid for has no bearing on whether or not a property owner can charge rent. So, if for example you did not own any part of the house - your aunt could charge you rent even if the mortgage is paid for. It would be what you would pay for the privilege of living in someone else's property.
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- ?Lv 79 years ago
No you will not win. You need to pay rent and that money is for shelter. You could not live anywhere else for 600 a month
- Anonymous9 years ago
why would you expect to be able to live in house rent-free that you don't own?
you don;t own teh house so the fact that there is no mortgage means nothing. millions of lnadlords own their buildings outright and still charge rent.
I don't see anything in your question that states YOU own the house.
talk to a lawyer
do you even work? are are you just sitting around hoping to get rich?
- ManCave747Lv 69 years ago
YOU are getting cheated, and also, $600 is way too much, for you to pay , just for you, one person.
i'd get a good lawyer who is on your side.
- DanielleLv 79 years ago
any contract can be broken. find a good lawyer.
- OthnielLv 69 years ago
You need an attorney.