Stevie Wonder filed lawsuit to evict a reported ex living rent-free at his Los Angeles property.
Evicting a loved one is never an easy task—no matter who you are.
Case in point: Iconic singer-songwriter, Stevie Wonder is suing Carmen Efferson, his reported former fiancée, to evict her from his Studio City, CA, property. Under an alleged verbal agreement, she’s lived there rent-free since 1988 and now, he's asking her to leave.
The dispute began in July when Efferson refused to let inspectors enter the property to assess its home insurance coverage saying she felt harassed. According to Wonder’s lawyers, her refusal led to a policy cancellation, yet she remained in the property despite being told to move out by an Aug. 27 deadline.
Another notice was reportedly issued on Oct. 6, giving Efferson three days to leave the property but she failed to respond. Now, Wonder’s legal team is asking the Los Angeles Supreme Court to evict her, end their agreement, cover his legal fees, and award up to $600 in damages.
Experts agree the real point of contention here is the lack of any type of documentation about their arrangement.
“A lack of a written agreement creates a major problem when issues arise. When there is a breakup involved or parties want to separate, the owner might believe they can immediately require the person to leave. The tenant, on the other hand, may decide to stay as long as they want,” says Ashley Morgan, attorney and owner at Ashley F. Morgan Law, PC in Chantilly, VA.
If someone is living in your property for the long term or plans to in the future, a written agreement could protect your rights as an owner and prevent costly legal disputes if the arrangement falls apart.
The pitfalls of informal verbal housing agreements
In many states like California, Florida, and Texas, leases lasting longer than a year typically must be in writing to be enforceable.
However, regardless of the landlord-tenant laws in your state, a written agreement is always a good idea.
“A written agreement can establish the terms of the arrangement and how it can be terminated. It’s also the best evidence if a dispute arises," says Parag L. Amin, attorney and founder of LawPLA in El Segundo, CA.
Without one, the terms are often contested and must be reconstructed from emails, texts, and other communications.
“Even when state law provides a legal process, such as an unlawful detainer action, which allows owners to remove someone living in their property, disputes over informal living arrangements can turn into lengthy, costly legal battles, as shown by the Stevie Wonder case,” says Steve Wallace, attorney at Wallace Law in Boynton Beach, FL.
If you think of someone as a “guest” in your property, you may be surprised and disappointed if you ask them to leave and they don’t.
“Once that happens, you must go through the formal and often costly and time-consuming eviction process as self-help is illegal,” Amin says.
Also, changing the locks, shutting off utilities or removing a tenant’s belongings can each expose you to a separate legal claim.
“A tenant who is illegally locked out, for example, can recover actual damages, statutory damages, and attorney’s fees,” adds Amin.
Insurance is another risk. In most cases, a tenant isn’t covered under a standard homeowners plan, and depending on the policy, renting out part or all of the home can jeopardize your coverage as the owner.
“An injury or loss involving a tenant the insurer didn’t know about can also result in a policy cancellation or nonrenewal,” Amin explains.
As painful as it is to evict a loved one, it's made worse when it comes at an increased cost. (Getty Images) How to protect yourself when guests stay long-term
Even when dealing with a friend, family member, or romantic partner, put the terms of any extended stay in writing before they move in.
“This helps ensure that there are no surprises in the future. You can always amend any agreement or change the terms, if needed. But it means the terms are clear,” says Morgan.
The agreement should clearly outline who is allowed to live in the property, whether rent is required, who pays utilities and other expenses, and who is responsible for maintenance and repairs.
It should also explain how long someone is permitted to stay and how the arrangement can be terminated. In addition, it should clearly document your rights as an owner to arrange reasonable inspections, necessary repairs, maintenance, and access required by insurance companies or mortgage lenders, with whatever notice the law requires.
“Most of the time reasonable notice is going to be 24 to 72 hours,” Morgan explains.
Also, contact your insurance company before allowing someone else to occupy the property. Determine whether your current policy is sufficient or you need to modify it to secure adequate protection.
If you already have someone living in your property under an informal arrangement, Morgan recommends speaking to a local attorney before attempting to terminate the arrangement or restrict access.
“If you’re on good terms, it can still make sense to put terms in writing even if you have been operating informally for years. It protects both sides of the transactions. You can trust someone personally and still protect yourself legally,” says Morgan.
At the end of the day, putting an agreement in writing doesn’t mean you expect the relationship to fail. It means you’re making sure both parties understand their rights and responsibilities before a problem develops.
“The best advice is to treat the guest’s long-term stay like a business arrangement from day one, even if you’re just doing them a favor,” says Amin.