Ask Me Help Desk - Surprised

So your former girlfriend is YOUR landlord, because she is the Lessee and is allowing you to live there.

If you have not signed a lease with your landlord (as you haven't), you are considered a month to month tenant. Under MS law only a one week notice is required for a month to month tenant. However, since there doesn't appear to be an agreement for rent and since her lease is annual, that may not apply. Again, a judge will have to interpret this.

IF she gives you a one week written notice and then files for an eviction order after the week is up, she might get it. If she tries to file without doing that, I doubt if she will get it. And a judge will allow you more time.

Quote:

Originally Posted by ScottGem

So your former girlfriend is YOUR landlord, because she is the Lessee and is allowing you to live there.

If you have not signed a lease with your landlord (as you haven't), you are considered a month to month tenant. Under MS law only a one week notice is required for a month to month tenant. However, since there doesn't appear to be an agreement for rent and since her lease is annual, that may not apply. Again, a judge will have to interpret this.

IF she gives you a one week written notice and then files for an eviction order after the week is up, she might get it. If she tries to file without doing that, I doubt if she will get it. And a judge will allow you more time.

I think she is trying to use Sec89-7-27 somehow. It says something about a 3 day notice? This is confusing

I just re read that (Sec 89-7-27) and I don't see how that is justified.

The first part of that does not apply to you since you are not a holdover tenant. But the second part could apply, if there was a rental agreement. Did you have an agreement to pay rent? Have you been making those payments? You've never discussed that aspect of this which is really important info.

Quote:

Originally Posted by ScottGem

I just re read that (Sec 89-7-27) and I don't see how that is justified.

The first part of that does not apply to you since you are not a holdover tenant. But the second part could apply, if there was a rental agreement. Did you have an agreement to pay rent? Have you been making those payments? You've never discussed that aspect of this which is really important info.

No rent agreement she knew I lost my job so I very little money to start with, enough to keep us with cigs for a week. She told me don't worry she'll take care of everything just for me to help keep the place clean while I look for work. I've probably applied to at least 250+ jobs. Its been 6mos but her son hasn't found a job in 2 years.

Quote:

Originally Posted by bshaff

No rent agreement she knew I lost my job so I very little money to start with, enough to keep us with cigs for a week. She told me don't worry she'll take care of everything just for me to help keep the place clean while I look for work. I've probably applied to atleast 250+ jobs. Its been 6mos but her son hasn't found a job in 2 years.

See that's where I get confused cause I read it I can be removed with a 3 day notice & didn't see where after the 3 day the evicition starts. The way it looked to me was there was no eviction order from courts I don't know. But there was no rental agreement but to love each other, get married, & everything would work out.

Quote:

Originally Posted by bshaff

See that's where I get confused cause I read it I can be removed with a 3 day notice & didn't see where after the 3 day the evicition starts. The way it looked to me was there was no eviction order from courts idk. But there was no rental agreement but to love each other, get married, & everything would work out.

The first step in evicting a tenant (which you are considered) is to give them a written notice to vacate. That notice has to give a deadline to leave. That deadline can be 3 days IF you have violated the lease terms. Since you don't have a lease and there was no agreement for you to pay rent, then you didn't violate the lease so she can't use a 3 day notice. If she did, she would still have to go to court to obtain an eviction order when the deadline expires. This means a hearing. If it comes to a hearing, you explain the arrangement to the judge and claim you did not vacate because she didn't follow the law.

We have tried to stress this to you several times ; SHE CANNOT REMOVE YOU WITHOUT A COURT ORDER!. Just remember that. According to what you told us, you are working on vacating. So by the time she can get a court order you will be gone anyway.