The granddaughter bought the house 11 years ago for her grandmother to live in until she dies. The grandmother is now 97 (healthy and competent) and the granddaughter wants to evict her - only reason given is that she wants to sell the house. The granddaughter told many people she was buying for her grand mother to live until she dies. The grandma does not pay rent, just utilities, etc. and has lived there since the house was bought 11 years ago.
Likely on the facts, yes, but more information is needed. If granddaughter owns the home she has a right to evict a tenant. More information is needed about the agreement between the granddaughter and grandmother regarding the status as a tenant. They payment of "utilities, etc." may be deemed rent creating some level of landlord-tenant relationship. Issues of life estate and detrimental reliance could come up as well depending on what the granddaughter and grandmother agreed to, if anything.
On the surface, yes. Any agreement to transfer ownership of real estate has to be in writing or else it may be unenforceable (called "the statute of frauds"). So, unless there is a deed from the granddaughter to grandmother, giving grandmother a life estate (right to possess and live in property until she dies), the presumption is that daughter owns it with no right of grandmother to live there and she has the right to evict if she does not want grandmother to live there. It is also possible that she could sell the property and the new owner could file an eviction action. As the previous commenter said, much more information is needed. Grandma needs to see her own attorney ASAP for a specific consultation.
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