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VKENNELLEY · Feb 22, 2010, 05:08 PM

My son handed me an eviction notice. I pay my part of the mtg every month, I even helped him put the money down on the home. Now he has a new boyfriend & they want me to leave. Can they make me?

cdad · Feb 22, 2010, 05:10 PM

Does it say why your getting evicted?

VKENNELLEY · Feb 22, 2010, 05:13 PM

We had spoken about me moving out in May but he wants me oput in April now- I am 65 years old it is very limited as to where I can go, there are waiting lists 1 year long.

VKENNELLEY · Feb 22, 2010, 05:14 PM

He just wants me out, him & his boyfriend want the place to themselves.

cdad · Feb 22, 2010, 05:15 PM

Does the paperwork you received is it from a court and does it state why your being evicted?

VKENNELLEY · Feb 22, 2010, 05:27 PM

It was just done on his computor and laid on the kitchen table. There is no specific reason. It reads;
On Feb. 13, 2010 we agreed that you would end your residency on May 1 2010. This letter is to serve as nitice that I fell you have been given ample time to raise funds & organize your exit thus far since our first conversation on this matter more than 1 year ago. I also feel that a April 1, 2010 would be better for me for you to vacate. If by April 1, 2010 you do not vacate, legal eviction proceedings will follow.

cdad · Feb 22, 2010, 05:31 PM

Hahaha. Your joking right? He left that on the table? You need to call your local commerce and see if there is a board that oversees rentals and such. In most places it takes about 90 days.

And with no grounds a judge may not grant it.

VKENNELLEY · Feb 22, 2010, 05:35 PM

I haven't spoken to him since I found it. I will thank you so much- I didn't know where to turn or what to do. I am so hurt by this. I even cook for myself and everything.

ScottGem · Feb 22, 2010, 05:38 PM

First, who owns the property? Second, what state (or area) do you live in? Third is there any written agreement allowing you to live there.

What he gave you was not an eviction. It was a notice of termination of tenancy. Depending on where you live 15 days notice may be legal or it may not.

Even if it is legal, if you don't vacate by the deadline, then he has to go to court for an eviction notice.

VKENNELLEY · Feb 22, 2010, 05:43 PM

I live in PA and my son owns the home which I gave him the money to put down on it. No, we made no legal lease or anything, it was just a son & mother moving into a house togther, unitl the new boyfriend came along and he wants me out.

ScottGem · Feb 22, 2010, 05:57 PM

Bad news. Your son researched the law. In PA, only 15 days prior to the end of the rental period is required to terminate a periodic (month to month) lease. And that's exactly what he gave you.

Now there is a kicker here, if you can prove you gave him money for the down payment, then you may be able to show you have an interest in the property.

So my advice is to gather your proofs and let your son file for eviction. Go into court with your proofs. Its possible the court will not grant the eviction. It may give you more time to find a place.

cdad · Feb 22, 2010, 06:40 PM

Another thing I wonder is that since it was just laying out on the kitchen table if that is actually proper service for a notice.

stinawords · Feb 22, 2010, 09:21 PM

I agree with the others. Get your proof together that you put money down on the house to show interest in the house. Then let him go to court. He can't just call the cops and have you removed after just laying a copy of him wanting you out on the table and expect that to be it. I don't know exactly in PA but I do know in Indiana an eviction takes up to 90 days I have actually heard of a couple going longer than that because of court back up. So get all of your proof in order and let him take you to court and you can use the extra time to find a place to live.

VKENNELLEY · Feb 23, 2010, 04:07 PM

I thought he would have to have it notorized or something.

VKENNELLEY · Feb 23, 2010, 04:13 PM

Thank you all for your inciteful answers.

ScottGem · Feb 23, 2010, 04:34 PM

Notarization only means that a signature was witnessed and verified. As long as he can prove you received the notice that's enough. The fact that you live in the sane house, handing it to you would be acceptable.

Fr_Chuck · Feb 23, 2010, 07:10 PM

I believe ( wish I did not) that money given to him for down payment does not give her any ownership right, but may give her a right to sue for the payment of the loan. And thus the argument if it was a gift or a loan. But since she was not added to the deed, then at best, this would only be consdered a loan.
*** hope I am wrong but how I see it