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-   -   Eviction (https://www.askmehelpdesk.com/showthread.php?t=780649)

  • Jan 6, 2014, 08:13 PM
    sunnie1981
    Eviction
    Mother in law couldn't afford to live in her home alone so we were asked to move in help pay bills and groceries which we have been doing house is paid for so we have no rent at first it was to be all of our home therefore no lease oral or written now that she just got our portion of the bills 2/3 and we had a disagreament over her jumping my kids calling them liars she gave us a notice to vacate in 2 day with no reason why what's the law what are our rights
  • Jan 6, 2014, 10:31 PM
    ma0641
    Don't know where you are located and rules vary by state. Was the notice filed with the local court or did she just say move out?
  • Jan 7, 2014, 02:55 AM
    joypulv
    Your rights are limited to being tenants. Her rights are limited to landlord laws of the state she lives in. A written 'notice to vacate' is followed by court eviction. It doesn't really matter what the agreement was. In many states, she must give 30 days notice, or one full calendar month, before she can proceed with eviction. But some states have 'lodger' laws which are shorter. And Florida has only 15 days notice to vacate.
  • Jan 7, 2014, 03:26 AM
    Fr_Chuck
    This is her home, not yours. You may not be paying rent, but you are just renters. She may evict you if she wants to.
  • Jan 7, 2014, 11:29 AM
    AK lawyer
    Quote:

    Originally Posted by sunnie1981;
    ... we were asked to move in help pay bills and groceries which we have been doing house is paid for so we have no rent at first it was to be all of our home ...

    Was this agreement in writing? In most places, a "statute of frauds" requires that it would have to be to be enforceable.

    Quote:

    Originally Posted by ma0641
    Don't know where you are located and rules vary by state. Was the notice filed with the local court or did she just say move out?

    A notice to quit (or notice to vacate, or whatever it's called in OP's jurisdiction) doesn't need to be filed with the court to be effective (although the owner would perhaps file it if she files for eviction); it does have to be in writing however.
  • Jan 7, 2014, 12:41 PM
    ScottGem
    Any question on law needs to include your general locale as laws vary by area.

    But there is no where I know of where she can force you out in 2 days. Notice has to be in writing. Since there was no agreement to pay rent, she can't get you on a pay or quit notice. Since there was no lease, its unlikely she can use breach of lease to get you out quickly. So she needs to give the amount of notice required by local law.

    But, by the same token you are residents and entitled to no more protect then a month to month tenant would have.

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