Should I enter a contractual agreement with a relative for short term stay

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ConcernedCousin

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Hello,

My cousin, an unemployed, single mother, showed up uninvited at my parent's house for Thanksgiving dinner with her 7 month old daughter. She has not left. She won't leave even when we ask her "so when are you leaving?" It is rumored by other family members that she is homeless. When we ask her is this true, she either won't answer, or she will say she has a place to stay two hours away, but she refuses to tell us where. We believe there is some mental illness involved, but we also think she showed up on our doorstep because knew no one was going to throw her out in the cold with a baby. She says she doesn't want to get a job, but she wants to buy a laptop and a car, yet she also says she receives only $300 per month for unemployment. All of her furniture and clothing are in storage. My parents can't let her continue to stay in their house.

I am visiting Chicago for the holiday. I live on the East Coast, but I still own a two bedroom condo in Illinois. I am considering allowing her to stay at the condo for a couple of weeks (maybe a month) until she can find more permanent housing. However, I think she just wants to leech off of someone else and I am afraid that if I let her stay in one of the bedrooms at my condo that she won't leave and that legally, I won't be able to throw her out or make her pay rent even if she can afford it.

A friend who is a lawyer advised me against letting her stay. She said once I let her in, I will have to sue her to get her out if she doesn't want to leave-- especially if I ask her for any money for staying there. I do want to charge her "rent" because I don't want her to think she found a free ride. I think she is a self-serving freeloader.

On top of it all, my condo association will not allow me to rent out the condo. I am trying to work with them on that, but I can no longer afford to not rent it and I can't sell it. If they allow me to I am planning to look for a tenant for the condo, but I am scared that she might trash the place or refuse to leave.

Can someone suggest a contract agreement that I can have her sign that will enforce a short term stay under certain conditions and require her to pay for any damages done to the premises while she is there.

I don't trust her at all, but I don't want to put a 7 month old out on the street, so i feel like I don't have any other options.
 
I don't trust her at all, but I don't want to put a 7 month old out on the street, so i feel like I don't have any other options.

Ok, I don't believe I'm about to say this but here it goes. Tell her she has some limited amount of time to leave where she is. Tell her if she does not leave you will put her out WITH THE BABY, but you will contact social services to make sure the baby is not on the street. You have to be blunt, don't dance around with hints, she already has shown you that she won't take that. If you REALLY WANT THIS PROBLEM IN YOUR HOME, offer to let her move to your condo for a VERY SHORT (2 months or less) period of time.

Get your agreement in writing before she leaves your parent's home. Tell her if she does not find a job and a house you will call family services about her inability to take care of her child. That threat may be enough to get her off her rear and make her take care of herself.

Your attorney friend is right, if you take money from her she is no longer a guest she is a resident and you will have to sue her to get her out. Do not let her move a bunch of furniture in, give her the bare minimum, no TV, no entertainment of any sort. Don't turn cable on. Put this in her contract.

Contracts with people you don't trust are nearly worthless. However at least you can prove what you were doing and why. Put in the contract that this is a temporary place to stay as a guest and that you are doing so as a charity.

Lastly, as much as I can feel for the 7 month old baby, when she is truly faced with being thrown out, believe me she will find someone else. Don't let her guilt you into being her hotel.
 
I think if you let this person into your place, you are facing one financial and emotional disaster; however, I can understand your concern about this 7 month old baby.

Gail
 
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