Q: Do we have to do a HUD-1 form on a cash sale? The home is paid off and I am selling for cash. There is no lender involved.

HUD stands for the Department of Housing and Urban Development. When Congress enacted the Real Estate Settlement Procedures Act many years ago, it authorized HUD to prepare and implement a uniform settlement statement. Recently, this form was updated, with the view toward assisting potential homebuyers to fully understand their closing costs, and to be able to shop and compare settlement (escrow) companies.

The HUD-1 must be used in any transaction where a federally regulated mortgage (deed of trust) is involved. In your case, because you are selling for cash, you don’t need to use that form.

However, it’s a good form, and can be of assistance to you and your buyer when you both are preparing your income tax returns. So, although it’s not really necessary, I would still consider using it for your transaction.

Q: I currently rent a single room in a three-bedroom, two-bath home with a two-car, detached garage. My two housemates and I pay rent to a property management company. We, however, have an untenable situation with the property owner. He travels the country playing in a band, but when he’s back in town he resides in our garage, which has only a bed, dresser, TV and most of his belongings.

The garage has not been converted for a living situation, so the owner freely comes into the main house to use the bathroom to shower and groom himself, all the while using our personal items. This continues with the use of the indoor laundry, eating food from the fridge and borrowing our DVDs and splicing into the cable so he can watch TV in the garage.

When I confronted the owner he said, It’s my house and I can do what I want. I feel so violated and uncomfortable even in my own room that I stopped paying rent, for which he immediately served me eviction papers.

What are my rights in this situation? Was I justified in not paying rent?

A: You have raised one of the most difficult issues involving landlord-tenant law: Am I justified in not paying rent when I have a problem with my landlord or in my house?

My experience tells me that it is not a good idea to withhold the rent regardless of the reason. Judges that handle landlord-tenant cases hear all kinds of excuses some legitimate and some wildly fictitious. Judges sometimes believe that the tenant just does not have the money and is thus fabricating an excuse not to pay.

My suggestion: You should give your rent to a third party usually your attorney to hold in escrow. That shows good faith on your part.

Clearly, however, your landlord has no right to interfere with your privacy and your right to peaceful enjoyment of the home. I hope you have a good attorney to defend you in the eviction procedure. I suspect you will prevail.