My landlord died around 3 years ago and Im living rent free
Landlord Tenant Housing
I (23F) moved in to a house with my mom in 2017 , the owner of the house had died but I guess her daughter inherited the property and charged us pretty cheap rent, no lease or contract we just paid cash. Fast forward to around 3 years ago, she died, she had no kids or anyone she could leave the house to, my mom said to stay here until the bank or anyone came, they would have to give us at least 30 days notice, well, Its been 3 yrs and nobody has come. I checked if the house taxes have been paid and they have, up until this yr, I still have time to pay them before they make a tax certificate but Idk if I should pay it, or who owns this. In the public records it still says the original owners name, so Im guessing it wasn’t inherited to the daughter? Im don’t know how any of this works and Im scared someone comes and asks for all of the yrs worth of rent. Because you’re supposed to save the money for when someone comes. What should I do?
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NAL
I'm a former code enforcement officer from Miami Dade County, since you checked property records, deeds, and taxes are yet to be paid this year, I would consult a real estate attorney and I would, that's me personally, pay the property taxes, and keep records of payment. And speak with a lawyer ASAP
Pay the tax, consider it cheap rent, and keep on keeping on.
I -am- a lawyer, but I am not your lawyer. Adverse possession has become tougher in many states, but your ‘squatting’ only hurts the daughters heirs. They clearly don’t know yet, so keep enjoying your nearly free rent.
And besides, if OP is keeping it clean and livable for the daughter’s heirs til they realize what’s going on, it’s kind of a good thing for them lol
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If you want to keep living there you can pay the taxes and save the receipt. In some states you can deduct from rent repairs and such to keep the place up to livable standards. So that might apply or not.
Then keep saving what you should be paying in rent to a separate account. Deduct any repairs, not of your fault, and track it.
But as said talk to a real estate lawyer on what is and is not allowed in your state area. Keep saving in case you need to move and tell no one but legal counsel that represents you.
i agree on paying the taxes, its cheaper than rent and if no one is bothered by it, you're not doing anything wrong
you dont even need to be on the deed to pay the tax, the tax office doesnt care. the question is how to get the tax bill. i can tell you from experience that the name on the check to pay tax bill does not need to be the same as the name on the deed
not that it would make much difference, but you might want to check records to see if the house is mortgaged or paid off. if its mortgaged, then yeah eventually bank will come for the home. but if its paid off, then you have longer outlook
I would get with a real estate or an estate attorney to see about the requirements for adverse possession in your state. It seems the property would be abandoned if you weren’t inhabiting it, which may work in your favor for assuming ownership of the property.
TLDR: NAL, talk to an attorney. Some niche law that rarely gets referenced may do you a favor.
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Exactly. Thats why it’s “adverse.” Having a lease is definitely permission.
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No, they had permission of the previous owner. Whoever inherited the home also inherited the tenant.
NAL but I would recommend speaking to one. You might be able to get started on a path towards adverse possession, but you also might have to worry about an unjust enrichment suit from the owners if they figure it out.
That sounds like a mess the daughters heirs need to figure out. If anything you are living there and keeping it up you are doing them a service. Just pay the tax and if no one comes along maybe one day you all will own it.
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Your thinking of adverse possession, however, that wouldn't apply here because OP was living there with permission. AP requires a claim adverse or hostile to the owner.
That's not really how it works.
EDIT: Yes, I know Reddit loves the idea of being able to steal someone else's real estate so the downvotes are expected, but seriously, that's not how it works.
Well, kind of. Unclaimed property can be adversely taken by an occupier. State laws do matter but the general rule is 30yrs unclaimed, possessed, improved, and taxes paid. Lots of factors and all have to met But it is possible.
You left out the adverse part, which is arguably the most important element of adverse possession. OP had permission to live there.
It’s crazy that’s how some people think it works.
Being able to claim title to someone else's land is one of Reddit's favorite fantasies.
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Why are you skeptical of that?
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Like this one?