Taking $ from tenants w/ no lease

Hi all-I’m not looking for true legal advice, but thought some of the seasoned LL’s might know about this. I’m pretty sure I’m in the clear, but better to be safe than sorry.

Through a divorce and quit claim deed I now have a house I’m trying to sell with people living in it that are friends of my ex. Relationship between me and the ex is amicable, and I have realtors reporting on the condition of the property. I’m not really worried about it getting trashed. The “tenants” have been keeping it up, are respected professionals, and they have appearances to maintain in the small community. My house has been on the market almost 2 years (It’s on the S.C. coast) and I and just lowered the price dramatically. Hopefully with Spring here and the new price, and it belonging only to me now, it’ll sell fast.

The “tenants” that have been staying there for the past few months, supposedly rent-free, are offering to pay me to let them stay there 3 more months while they wait to move into one of their mother’s place, and maintain everything for me, since I now live 2 states away.

Would I, by accepting payment from these people, be executing some type of contract that could screw me when the house sells? I know I could have a lease drafted but would the expense and time really be worth it as opposed to ?

All insight is appreciated.

If you accept money, you have a rental agreement that is defined by state law. You will have to issue a notice to quit when you want them to leave and follow the eviction process for your state if they fail to comply. Even without a payment, they have some occupancy rights depending on your state’s laws.