How Stevie Wonder’s Shock Eviction Lawsuit Highlights a Costly Homeowner Mistake

by Anna Baluch

skyline-of-jacksonville

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.

Paper Eviction Notice Taped to the Front Door of a Home in a Residential Suburban Neighborhood
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.

Brandi Nieves

"My job is to find and attract mastery-based agents to the office, protect the culture, and make sure everyone is happy! "

GET MORE INFORMATION

Name
Phone*
Message

By registering on this website, you hereby grant permission to Round Table Realty, its affiliates, and its agents to contact you via email, text message, telephone, and other communication methods, including but not limited to mass communication systems, unique communication systems, and automated or artificial intelligence systems. Such communications may be for the purposes of responding to inquiries, providing real estate services, marketing, or other business-related matters.

You acknowledge that these communications may include autodialed or prerecorded messages and that you consent to receiving such communications at the email address and phone number(s) you provide, even if your phone number is on a state or national Do Not Call registry. Message and data rates may apply.

This consent is not a condition of any purchase or transaction. You may revoke your consent to receive such communications at any time by notifying us in writing or using the opt-out mechanisms provided in the communication.

Florida-Specific Notice:
Pursuant to Florida law, you are hereby informed that your contact information may be used to provide information about real estate services, listings, and related topics. Round Table Realty complies with all applicable federal and state laws, including the Florida Telephone Solicitation Act (FTSA), and takes measures to ensure the security and confidentiality of your contact information.

For more information about our policies or to exercise your rights under applicable laws, please see our Privacy Policy.

By clicking “I'm Finished” or completing the registration process, you affirmatively acknowledge that you have read and understood this disclosure and consent to the above terms.