Drafting a contract for temporary residence of a child?

Questioner

My brother is going through a divorce and is moving in with my 90-year-old mother. Mother owns a house. Now I am afraid that if my mother wants or has to move because she can no longer climb the stairs or needs 24-hour care, my brother will want to continue living in the house. What and how can it be put on paper that he, after mother has moved, has to leave the house within a reasonable period of time, so that it can be sold? He is not financially strong enough to take over the house.

Lawyer

There are several ways to stipulate that your brother must vacate the house within a reasonable period of time after your mother moves out. One of these ways is to include a provision in the will or living will that stipulates that your brother must vacate the house within a certain period of time. Another option is to enter into a lease agreement with your brother that includes a notice period. It is also advisable to consult a lawyer to determine which option is most appropriate for your situation.

Questioner

Hello Bart, Thank you very much for your response. What would a simple rental agreement look like in this case? I assume that this should be between my mother and my brother. Does it make sense for my other brother and myself to sign as well?

Lawyer

Attached is an example of a simple rental agreement, between (only) your mother and your brother: 1. Parties: Lessor [name of lessor], hereinafter referred to as 'Lessor', and Tenant [name of tenant], hereinafter referred to as 'Tenant'. 2.Object: Landlord rents to Tenant the property located at [property address], hereinafter referred to as 'Property'. 3. Duration: The lease agreement has a duration of [number of months/years]. 4.Rent: The rent is [amount per month/year] and must be paid on [payment date]. 5.Payment: Payments must be made by [bank transfer/cash payment]. 6. Maintenance: Tenant is responsible for the maintenance of the Property and its inventory during the rental period. 7.Termination of rental agreement: Both parties have the right to terminate the rental agreement with a notice period of [number of months]. 8. This rental agreement must be signed by both parties as proof of their agreement to these arrangements.