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squishism · Jul 10, 2009, 01:07 PM

My husband, myself, and my 3 children live with my mother in law in her home. We do not have a lease and are not getting along she has told us she is evicting us but we have not received any notice or papers. We are planning on getting a new home in September but she wants us gone by the end of July (this month). What , if any, are our rights ?

ScottGem · Jul 10, 2009, 01:22 PM

You are residents in the home operating as periodic (month to month) tenants. As such you need to be given written notice of at least 30 days (except for Florida).

If you have not vacated by the deadline in the written notice, then she has to go to court for an eviction order. If she tries throwing you out without an eviction order, then you may have grounds for an unlawfull eviction.

I suggest you go to your local housing court and get the exact eviction procedure for your area. Then explain to the MIL that you plan on being out during September and its unlikley she can have the eviction process completed by then.

this8384 · Jul 10, 2009, 01:27 PM

What state are you in? Most states have a 30-day notice but Florida only has a 15-day. What date did your mother-in-law ask you to move?

If you refuse to move, your mother-in-law will have to file for eviction. She cannot keep your belongings locked up inside of her house, nor can she throw them outside if you have established residency. She can only force you to move once she has won a judgment for eviction against you in court. Odds are she won't file and get a court date set before September.