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Home > Law > Real Estate Law   »   Being told to get out.

 
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Old Apr 20, 2007, 07:09 PM
bigmuny
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Being told to get out.

My friend purchased a Townhouse and asked me to move in. I agreed and offered to pay monthly rent and have been since I've moved in over a year now. I receive my mail there, make my meals, wash my clothes and park my car. Being that we are friend no formal agreements were made or signed, just a verbal agreement for me to pay a fixed amount monthly which covers utilities, etc. Now we are having some personal disagreements, personal that is and nothing relating to rent payments, but I have been threatened with being "Thrown out" or calling the police to have me removed.
My question is can she have the police remove me or throw me out?? I live in the State of Louisiana and don't know what the law is governing this sort of an agreement. I presume she can have me evicted but I've done nothing to warrant an eviction other than a personality clash..maybe she needs to up her dose of prozac?? Any help is certainly appreciated....

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Old Apr 20, 2007, 07:25 PM   #2  
nottheonlycluelesstexan
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I dont know the laws in LA but I do know you need to find out if there is something called "squatters rights" I used to live in NY and when my ex best friend wanted to kick out her boyfriend, I went over to help change the locks. I was sure that with his name not on the lease she wold be rid of him, but the police came in and made her let him back in! Evidently these "squatter's rights" essentially mean that you can't suddenly decide to kick someone out if that person can prove that they have been living there (cancelled rent checks, mail, drivers license with that address on it, etc.) So PLEASE go online and Google it and check, tere might even have to be a certain time frame you've lived there. Once things blow over.. IF they blow over.. if you want to keep living there I really recommend you start getting things in writing, just as a back up!
You're in a scary situation there.. Good Luck!!!
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Old Apr 21, 2007, 04:54 AM   #3  
Cvillecpm
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She should give you 30 days notice SO why don't you give her 30 days notice prior to next rental payment and move out.
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Old Apr 21, 2007, 05:16 AM   #4  
LisaB4657
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First, there is no such thing as squatters' rights.

Second, since you pay rent you are a tenant. If you pay rent on a monthly basis then you are a month-to-month tenant. That means that either you or the landlord can give 30 days notice of termination of the tenancy. It also means that your landlord cannot just throw you out. They must give you 30 days notice and if you still haven't left at the end of the 30 days then they must file a lawsuit for eviction

If they try to throw you out or change the locks then this is called self-help and it is illegal.

I suggest that you start looking for a new place to live asap.

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bigmuny agrees: This person understands the legal right of the tenant and gave a good legal answer
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Old Apr 21, 2007, 09:54 AM   #5  
bigmuny
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I thank everyone for their thoughtful input...to be armed with information is the key to winning the argument or case...this is a great website and I plan on coming back here more often now that I've found it...
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