March 8, 2010
Dear George: My son rented a room for $300 per month and paid up front for seven months of occupancy. After two weeks in the house, my son was placed in a drug-rehab facility where he remains a patient. The landlord contacted me soon after my son entered treatment and said that he intended to keep all of my son's belongings as well as the seven months' rent; he claimed that he's already placed an eviction notice on the door. I have not seen a copy of their lease agreement, if there is one. What can I do?
Answer: Your son is entitled to a copy of his contract, if there is one. Spoken contracts can be legal if they are for a period of less than one year. In the event your son's lease was a verbal agreement for less than one year but for longer than the seven months he paid for, the landlord is entitled to a lien on personal property for rents owed. Posting the eviction notice is a standard procedure when a tenant fails to keep his responsibilities to the landlord. You and your son should retain legal counsel to review his situation.
Dear George: I'm divorced and, according to the divorce decree, entitled to the house. I've been paying the property taxes, but the deed to the house is in my name and my ex-husband's name. Do I need to change the deed? If so, how do I go about it? My ex-husband will likely not sign any papers to assist me.
Answer: If the divorce decree has conveyance language in it, you don't need another deed. Each title company has its own underwriting standards, so you may want to check with your title company before you contemplate selling the house. At worst, you'll have to go back to the court and modify the order or get an order requiring that your ex-husband sign the deed. Don't hesitate to shop title companies if you need to. Conveyance language in a divorce decree can take different forms, but it usually states something similar to the following:
It is decreed that the estate of the parties be divided as follows: Petitioner is awarded the following as petitioner's sole and separate property, and respondent is hereby divested of all right, title, and interest in and to such property: All property listed in Schedule A attached hereto and made a part hereof by reference.
In this case, you are the petitioner and your ex-husband is the respondent. Before you take any action, consult with your own attorney.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
