I am currently residing in Lancaster, PA (Lancaster City) with my daughter-in-law who invited me into her apartment during a time I was unemployed. Since then, I've started a job, and have provided a deposit for an apartment that will not be ready until 5/19. I explained this, and she agreed that I could stay until that time.

About 2 weeks ago, she and I had a huge argument, and as of yesterday, via text, she said I have to vacate by May 1, or she will have locks changed and get the police involved.

No "rent" has exchanged hands, as I offered to deduct from the $300 she owes me.

Do I have the normal rights as an occupant to remain there for 30 days?

No, actually you have no rights in this situation. Your name is not on the lease and you haven't paid any rent based on any kind of official sublet agreement. Your best bet is to try to make amends for whatever happened and hope that she'll let you stay until 5/19. Meanwhile, start looking for friends with whom you can spend a couple of weeks if need be in case she's not willing to accommodate you. You are in her home as her guest, so you might have to grovel a bit to be allowed to stay. She holds all the cards in this game.

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Originally Posted by dlgriff7

Do I have the normal rights as an occupant to remain there for 30 days?

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Hello d:

Yes. You ARE considered a month to month tenant, and are entitled to a written 30 day notice to vacate. I'd text her back saying that you received her notice to vacate, and will consider it the 30 day written notice required by law, and you'll be out by xxxx date. She'll get the message, or not. Don't talk to her. Don't confront her. Keep your head down and start packing.

Save your texts, as they'll probably be acceptable as written evidence by a court of law. Hopefully, you won't wind up there, but you need to start documenting the situation just in case you do.

excon

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Originally Posted by Schoolmarm97

She holds all the cards in this game.

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Hello Schoolmarm:

In fact, dlgriff7 holds all the cards.

While we LOVE to have new people on the board, since it's a LAW forum, we do require that the advice proffered is based on, at the very least, a modicum of landlord/tenant law. Your post doesn't do that.

excon

Hello and thank you Excon:

Since it seems I'm getting mixed reviews, may I ask from where your response is derived? Is there something in print I could print out for my records.

Again thanks,
D

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Originally Posted by dlgriff7

Since it seems I'm getting mixed reviews, may I ask from where your response is derived? Is there something in print I could print out for my records.

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Hello again, D:

You're welcome.

At one time we had every state landlord/tenant law published on a sticky at the top of the real estate page. I just looked. It's NOT up to date... All I have is a link to Title 68, where the landlord/tenant law is contained.. I DIDN'T look up the particular parts, though. IF you can't find it, I'll help you further..

Secondly, I've been giving landlord/tenant advice here on this board for 5 years or more and have THOUSANDS of posts.. If my stuff wasn't kind of right, wouldn't you think they would have thrown me out of here by now?

excon

Excon: thanks again! I'll check it out.

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Originally Posted by dlgriff7

Excon: thanks again! I'll check it out.

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Hello again, D:

Let me also add some anecdotal stuff you won't read about in the law. In the final analysis, the only power she has is to call the cops and have you removed as a trespasser...

Of course, you're NOT a trespasser, and the cops won't be fooled. If, in the unlikely event, they actually DO show up to escort you out, a quick look around would PROVE that you ARE, in fact, a resident...

Don't be intimidated. Move ahead as though you have the LAW on your side, because you DO.

excon

Hello again Excon:

I'm a bit overwhelmed by the volume of content of the link you provided... not sure I can find anything that's directly related to a residential apartment that is being rented, with short- long-term visitors in place.

Do you think you could point to a specific article/section that would clarify my rights as a "resident" even though I'm not included on her lease?

Thanks.. sorry for the confusion (mine).

D

Yes you legally have to be given a 30 day written notice to be evicted and even then if you don't move they have to file for eviction in court.

I am sorry for the first poster who obviously has no knowledge of the law.

And this is the issue, there are 100's of illegal evictions every day, so can she do it, of course not legally and then you have to sue her for your damages for a illegal eviction

Thank you Chuck...

Between you an excon, I'm feeling a bit better; however, my stomach didn't get the message yet.

D

I agree with Excon, you do not have to pay rent or be on a lease to be considered a resident. She would have to follow the state laws regarding eviction. Guidelines for Pennsylvania Residential Eviction

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Originally Posted by dlgriff7

I'm a bit overwhelmed by the volume of content of the link you provided ... not sure I can find anything that's directly related to a residential apartment that is being rented, with short- long-term visitors in place.

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Hello d:

I don't know if I'll do any better than you.

In the absence of written documentation, you're going to be asking the cop who shows up at your door to BELIEVE you're a RESIDENT. That should NOT be difficult. In your case, I'm assuming you had a room, and you have STUFF in your room... Stuff, that an overnight house guest WOULDN'T have. You could also prove it by showing that you receive mail at the address, or that you paid a bill for the address. Plus, the test messages sent back and forth SHOULD indicate that you're a resident..

I don't know if you have any of that stuff. I don't know how much she'll lie. I don't know what kind of cops you have.

What I DO know, is that cops from coast to coast, are LOATHE to get involved in CIVIL matters. If they show up, and it's evident that you're NOT a trespasser, then it's a CIVIL matter, and they'll KNOW it. They ALSO have a liability here. If they FALSELY evict you, they can be SUED.

excon

Yes, folks... I actually have my bed furniture in the room, all my clothes, and items needed from day-to-day. Additionally, I have a TV, cable box, and a wireless modem, as well shampoo and like items located in the shower "room".

The cable (which she uses in other rooms as a result of tapping into it) bill is in my name and paid solely by me.

D

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Originally Posted by dlgriff7

The cable (which she uses in other rooms as a result of tapping into it) bill is in my name and paid solely by me.

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Hello again, D:

That's BETTER than a lease.

excon

Thank you all!!

Carry that bill in your pocket with you at all times in case she tries anything.

My apologies, excon. I am not a lawyer, but I am a landlord and am very familiar with the laws in my state and my state only. I should have requested the location of the OP prior to commenting.

In this state, as a landlord I have no legal compunction to accommodate anyone whose name is not on the lease and who is not paying rent. I'm going to assume that the laws differ in different states. For instance, in my state, a tenant (that's the person who actually signed the lease or made the verbal agreement) may have guests not named in the lease for "a few days" without breaking the lease agreement, but may not have additional people move in without approval from the landlord. This is plainly stated on the state's website under tenants' rights and causes for eviction. The additional parties, if not approved under the lease, are guests, not tenants. And a tenant may not take in boarders as sub-letters without the landlord's approval. Thus, the guests do not earn the right of 30 days' notice prior to eviction and long-term guests may be a cause for eviction of the actual tenant.

In the future I will avoid commenting on these questions.

In what state do you live, Schoolmarm?

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Originally Posted by ballengerb1

In what state do you live, Schoolmarm?

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It says "Location: NJ, USA", i.e.: New Jersey.