In March of 2005 I moved into a house my parents bought for me and my children to live in. Over the years I have made improvements to the home from lighting,flooring,painting,and replaced all appliances. I pay the electric,phone, and cable. I pay no rent. I have 2 minor children. If my aging parents suddenly get a bug in there butt, like say I want a man to move in with us and they say no way, can they evict me and my kids just cause they are mad at me? And if they can evict me, how long could it take for them to do? We have lived hear for 7 years now.

Yes, your parents can evict you. Since you have no lease you would be considered a month-to-month tenant. In most states they would have to give you 30 days written notice that your tenancy is terminated and you must move out. If you don't move out within that time then they could file a lawsuit for eviction.

Some states have different notice periods. In California they would have to give you 60 days notice. In Florida they would only have to give you 15 days notice. Tell us your state and we can give you a better answer.

Thanks for the answer. I live in Fl. I just needed to know this because they are starting to show signs of not being with it all the time. They are 80 and have some health issues. They have days where they really are not themselves. I am being to worry that one day they wake and tell us to get out.

Florida law states a tenant (and you are a tenant) must be given 15 days notice prior to the end of the rental period. However, since you have no lease and rental period, then they can just give 15 days written notice. After the initial notice, if you don't vacate by the deadline, then they need to go to court for an eviction order, which means a hearing. A court might decide that absent a rental period, a calendar month would be considered. But that's a guess.

Of course, if you believe them to not be mentally competent, you can fight the eviction on those grounds.

Can you ask them for Power of Attorney? Do they have a will leaving the house to you?

As long as their name is on the title, you are nothing more than a tenant and have no additional rights.

Thanks for the answers. It does help. As to parents, I could not get a power of attorney, they have something set up and in place with a local attorney for when the time comes that they cannot care for themselves.I don't know if house is left to me in their will. All I know is that I have a trust fund that I can't touch or I would be disowned like my brother already is.I know they are worth about 20mil. In my family, we are not allowed to talk about money as it is considered rude.My only worry is for my kids.I have a college degree and am only working part time while running my kids to where they need to be. I worry about being able to keep a roof over their head, and as I said, there are days my parents aren't themselves. I know how brutal they can be if their mood is bad.

I have been reading the Fl law on this question, and I need to know if this could apply in my situation. 83.64 Retaliatory conduct.—(1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. As I said before, if my parents just decide to punish me cause they feel like it, can I use this law as a defense. I don't drink or do drugs and no I don't date. I work when there's work and I take care of my kids, the house, and pay my bills.

You might be able to use it, but I doubt if it will fly in court. Retaliation would be when a tenant does something like report a code violation or constantly complain about repairs not made, etc. You are living rent free, so I don't think a court will consider an attempt to repossess the property because of a family issue as retaliation. They could simply say, they decided they needed the property to generate an income.

I agree, and at most it may allow you a couple extra months.

I would be saving up my money ( you should have lots saved by now) since you don't pay rent, pay the rent into a savings account, and be able to live on your own.

Or ask them for a written lease. To allow you protection from this.

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Originally Posted by Fr_Chuck

I agree, and at most it may allow you a couple extra months.

I would be saving up my money ( you should have lots saved by now) since you don't pay rent, pay the rent into a savings account, and be able to live on your own.

Or ask them for a written lease. to allow you protection from this.

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I don't have lots saved up my income is about $1000 a month, auto insurance, phone, internet,and electric cost about $500 a month. I have a 17 yr old 6'5" son who kills my auto ins.rates. I have 500 a month left for food, clothing, school suppies,medical,and gas for myself and 2 kids. I curently have $3000 in credit debt cause my son fractured a rib playing sports and had to go to ER. Hopefully you understand my situation. Been looking for new job and haven't had any luck.

Being slightly rude as I am at times.

Parents have 20 plus million and they can't help arrange you a job ?

I was for from 20 million and could always have connections to get my children jobs, even the one that had criminal record. Is there a reason they are not helping you with better job ?

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Originally Posted by Fr_Chuck

Being slightly rude as I am at times.

Parents have 20 plus million and they can't help arrange you a job ?

I was for from 20 million and could always have connections to get my children jobs, even the one that had criminal record. Is there a reason they are not helping you with better job ?

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No, no reason at all for them to be this way. I have never been arrested, and never did drugs. I am a good person with college degree, graduated laude and 2 amazing kids who get A's. My daughter is already being scouted by FGCU and she is in 8th grade. My parents have always been this way, it's hard to explain. Even members of their family don't understand them. Basically I am not perfect enough, my house would not pass a white glove inspection,I am a few lbs. over weight,my kids don't eat enough vegtables,and that's a bad thing in their eyes.

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Originally Posted by Fr_Chuck

Is there a reason they are not helping you with better job ?

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I would hazard a guess, that her parents are somewhat control freaks. The terms of the trust and the way she describes them seems like they want her to be somewhat dependent on them.

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Originally Posted by ScottGem

I would hazard a guess, that her parents are somewhat control freaks. The terms of the trust and the way she describes them seems like they want her to be somewhat dependent on them.

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I tend to agree with your statement. The only time I have been independent was between the ages of 19-24. My dad decided to retire and they moved away. I had my own apartment, bought my own car, and worked 2 jobs. Then I met my husband, who is a control freak, and was married for 10 years until he found identical twins to play with and demanded a divorce. He still calls 4-8 times a day and we have been divorced since 2005. He doesn't pay support and he doesn't want to deal with the kids (as he says I am the one who wanted them, so they are my problem, not his). I am just triing to figure out how to do what's best for the children, and to keep their lives stable.

Just hearing that they disowned your brother is all I need to believe that every word you say is no exaggeration.
I would start shopping for a lawyer, without actually hiring one.
Another thing is a short, carefully prepared talk with your parents' lawyer, just telling him or her that you are concerned about how they are mentally/emotionally? Lawyers actually can be nice regular people, LOL. You might luck out.

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Originally Posted by dlsmith718

He doesn't pay support

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How did you let him out of paying child support? If you children are still minors go after him!

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Originally Posted by ScottGem

How did you let him out of paying child support? If you children are still minors go after him!

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He is on social security disablity for last 5 years and the gov. does not allow wage executions on those checks. And before that, he didn't work, he lived off family in another state. I would love to have support, but even at time of divorce, I was the only one working.

Ahh, Ok that makes sense.

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Originally Posted by dlsmith718

I have been reading the Fl law on this question, and i need to know if this could apply in my situation. 83.64 Retaliatory conduct.—(1) It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. As I said before, if my parents just decide to punish me cause they feel like it, can I use this law as a defense [?] ...

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I really doubt it.

"...
Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where:
(a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises;

(b) The tenant has organized, encouraged, or participated in a tenants’ organization;

(c) The tenant has complained to the landlord pursuant to s. 83.56(1); or

(d) The tenant is a servicemember who has terminated a rental agreement pursuant to s. 83.682.
..."

If they were to evict you, it wouldn't appear to be for anything like that.

Hey iridescent7, in California it's 30 days if they've lived there for less than a year and 60 days if they've lived there more than a year. The OP moved in in 2005. When the OP gives us enough info we try to tailor the response for their situation rather than being ambiguous.

{MOD Note: Reference is to an unfair negative comment that was, therefore, removed}