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Say no way, change the locks, and smack your husband upside the head.
And have a good long talk with the millennial daughter. Don't even ask ever to use your stuff for her friends.
My dad (rightly so) would of kicked my a$$ if I did this. But I never would of as I respected my parents and knew the work they put in to have nice stuff.
Since they are homeowners only waiting for their new house to close (and personal friends of your daughter who lives next door), it probably shouldn't be a problem. The fact that they have a gap between the sale of their house and purchase of a new one is not unusual, nor does it make they 'bad decision makers.' It also sounds like your daughter offered the house, not that they specifically asked first (??)
Give them the specific date in November when you will need the home. Since their things are in storage, moving out should not be an issue. The key is to make it clear up front that you expect them to work around your date, not vice versa (regardless of painting desires, closing details, etc).
Also, let them know if you have specific concerns regarding pets, breakables, personal items or other - and that they should expect to pay for utilities during the month they are there. Since your daughter has put herself in the middle, let her know that you expect her to make sure your wishes are followed. What's done is done. It's great that you are able to help these people out and there's really no need (or point) to make a bigger issue out it than necessary.
To sum this up....the OP should have drawn up a LEGAL rental agreement. Period. Wow! Why not CYA!
Family dynamics aside, my advice is to formalize whatever arrangement you have decided upon. Even if it is a simple sheet of paper saying they have the use of your place up until a specific date and they are responsible for any damage they cause or their pet causes. You might also have them agree to have the place professionally cleaned within a few days of leaving. If that feels like it is not enough, get a Florida approved basic lease. The point is this: if the situation turns ugly, you need something that protects you and, if they are offended by it, you probably don't want them there in the first place. In my view, people who say they are responsible people are more than willing to backup their claim in writing.
Even if you let them stay for free, I think you are becoming a landlord in the eyes of the law which means you are opening yourself up to all the Florida Tenant-Landlord laws, not to mention any liability issues that might arise. I'm not an attorney, though, so don't take this as legal advice. I know most people would say it's no big deal and I am needlessly complicating a simple arrangement...and I would say that, in most cases, everyone walks away happy and appreciative. However, pretending that these arrangements don't sometimes turn into something else (something bad) is probably foolish and shortsighted, I think. Considering that these are not friends of yours, I see even more reason for some sort of written agreement.
Look at it this way...being a nice person and offering someone a place to stay doesn't exempt you from the legal complexities that could potentially be imposed on you. What if they have a problem that delays them from moving indefinitely? Who is responsible for fixing a clogged toilet or if there is a leak? What if there's a trip and fall? What if the cat scratches the furniture or shreds the drapes? The possibilities are endless.
This--a thousand times!
Liability issues abound here.
You need consult an attorney & get a signed agreement before they step foot on the property. Also consult your homeowners insurance to be certain they are covered if they are "in residence" because it is not the same as being a guest.
This--a thousand times!
Liability issues abound here.
You need consult an attorney & get a signed agreement before they step foot on the property. Also consult your homeowners insurance to be certain they are covered if they are "in residence" because it is not the same as being a guest.
I'd add: a good real estate attorney. Also, it seems like the daughter has keys to the OP's house? And can just announce that she's letting anyone she pleases move in, & the OP has trouble taking any action?
Also, no matter what kind of "signed agreement" the OP might get--if they even do--that will only go so far if deadbeats take up residence in her house......Also, this is Florida. No offense to Floridians, but it is a state rife with scammers, flakes, etc......
What type of communication should we be expecting to take place
What type of ground rules for a stay of a month or so???
We planned to return to FL after the 10th of November but didn't have specific date set
I don't want to change MY plans because they have problems closing their deal or want to do something like paint prior to moving in...
But I don't think WE should be the one to initiate the conversation
Am I wrong/heavy handed to think the people borrowing OUR house should be the ones to make first contact???
Wow. Your whole family is well-versed in avoiding conflict, including you.
Since you're all doing it and you won't talk to your new tenants, don't complain when they do something you don't like. I'm sure your new tenants will know someone who can move into your house when they vacate it. Your can't-say-no daughter and won't-say-no husband can deal with it.
Sounds harsh? You bet. I evicted entitled people who thought they could live in our house for free.
Your daughter and husband cooked this up together and completely intentionally left you out of the picture.
So no, the poor "friends' have no idea what's going on and although they MAY call you first, it's just weird and very potentially messy all the way around.
And yeah, check your local county laws. Because in MY FL county we won a lawsuit against the state -allowing us to prohibit short term rentals after the corrupt politicians passed a bill in Tallahassee 2011 mandating that local governments had no say - so in the matter. But we DID.
AND the FL laws are very complicated on this. I assume you're not in an HOA. Which makes it even more complicated if you were.
I didn't research the current status in your county but you need to:
Sarasota County technically only allows rentals of fewer than 30 days in multi-family residential areas on the barrier islands, such as a condo on Siesta Key, for example, county spokesman Jason Bartolone said. Anywhere else in unincorporated areas and rentals must be longer than a month, he said.
Your daughter and husband cooked this up together and completely intentionally left you out of the picture.
So no, the poor "friends' have no idea what's going on and although they MAY call you first, it's just weird and very potentially messy all the way around.
And yeah, check your local county laws. Because in MY FL county we won a lawsuit against the state -allowing us to prohibit short term rentals after the corrupt politicians passed a bill in Tallahassee 2011 mandating that local governments had no say - so in the matter. But we DID.
AND the FL laws are very complicated on this. I assume you're not in an HOA. Which makes it even more complicated if you were.
I didn't research the current status in your county but you need to:
Sarasota County technically only allows rentals of fewer than 30 days in multi-family residential areas on the barrier islands, such as a condo on Siesta Key, for example, county spokesman Jason Bartolone said. Anywhere else in unincorporated areas and rentals must be longer than a month, he said.
Did you tell your husband you'll have to pay the IRS and your local business taxes to the county etc on that rent money and be "landlords"?
You need an attorney now.
This is overly dramatic, IMO. The OP's daughter AND the OP have known the friend for YEARS; the friend and her family are NOT being charged rent. Simply getting the friend to pay the utilities and promise in writing to obey certain rules and leave the place clean is adequate. The friend is now a homeowner and has a contract on another house. Yep, daughter and husband should have consulted with OP. But, OP and husband have been generous in the past with others using the house and OP's daughter serves as caretaker when her parents are not in residence. It really sounds to me like some assumptions were made and OP should register her dismay with her DH & DD at not being included in the decision. OP still has the opportunity to control how long this family stays at the house and set ground rules. The house's insurance policy does cover this circumstance. I really think getting a lawyer involved is extreme overkill.
What would be beautiful, is if you simply didn't deal with it and referred everything to your husband and daughter to deal with. Just not say anything or do anything.
Then, when they start asking you questions about what to do, etc., just say, "You guys agreed to this, you guys figure it out." Repeat as often as necessary.
What would be beautiful, is if you simply didn't deal with it and referred everything to your husband and daughter to deal with. Just not say anything or do anything.
Then, when they start asking you questions about what to do, etc., just say, "You guys agreed to this, you guys figure it out." Repeat as often as necessary.
This is overly dramatic, IMO. The OP's daughter AND the OP have known the friend for YEARS; the friend and her family are NOT being charged rent. Simply getting the friend to pay the utilities and promise in writing to obey certain rules and leave the place clean is adequate. The friend is now a homeowner and has a contract on another house. Yep, daughter and husband should have consulted with OP. But, OP and husband have been generous in the past with others using the house and OP's daughter serves as caretaker when her parents are not in residence. It really sounds to me like some assumptions were made and OP should register her dismay with her DH & DD at not being included in the decision. OP still has the opportunity to control how long this family stays at the house and set ground rules. The house's insurance policy does cover this circumstance. I really think getting a lawyer involved is extreme overkill.
Then the whole thread is overly dramatic, not just my post. I don't know if they're paying rent or not or what the legal implications are since I'm not a lawyer specializing in Landlord Tenant and FL law. Or IRS law. I don't even know if she's in an HOA which is a whole nother level of minutiae.
I'm just laying out the case of worst case scenario which is what we're talking about.
Weird to me that you think "getting something in writing to obey certain rules" is necessary? That's called a lease. Doesn't that go against the rest of what you are saying about how trustworthy these great old friends are?
Even though a guest is not a tenant, you can still file an eviction case in the Landlord and Tenant Branch of D.C. Superior Court. The Landlord and Tenant Branch is eviction court, and you do not have to be a landlord to file a case to evict someone.
You do not have to use the Landlord and Tenant Branch, but it is usually the fastest way to get a judgment to remove a person from your property.
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Doesn't that go against the rest of what you are saying about how trustworthy these great old friends are?
