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MommaBurd · Jan 29, 2010, 11:41 AM

My husband and I moved in with my mother 2 years ago. We had a verbal agreement that we could stay as long as we wanted so we could save money for a place to live. My mother also promised she would never throw us out. We now have a 16 month old baby and my mother is throwing us out. We have no money and no where to go. What can we do? Can I fight her in court?I am also on parole for a dui offense and she knows I will be put in jail if she throws me out! What can I do to fight her. When I asked her months and months ago to please give me and my daughter a ride to a hotel room because my husband and I were fighting a lot and it was abusive on his part. She refused every time I asked her to get me out of here, then I had the money and was prepared to leave, but she would not let me go nor would she let my husband leave, but out of nowhere she sends me and my husband a certified letter asking for us to leave only a day or 2 before halloween.She let us stay through x-mas, but now is telling us we need to b out by the end of January! Please help me with this, what are our rights, and what can or should I do to stop her from doing this? Thanks for your help, I appreciate it!

justcurious55 · Jan 29, 2010, 12:48 PM

I'm not understanding any of this. How was she able to stop any of you from leaving before? And if you had the money then, why don't you have it now? And what stopped you from either finding other transportation to leave when your husband was being abusive or, even better, calling the police. Just because he is your husband doesn't mean he has the right to be abusive.

Now that you are an adult, it's no longer your mother's responsibility to provide a roof over your head. As long as she follows your state's laws (what state are you in anyway?) on how to evict you, you don't stand a chance fighting it in court. If she doesn't, you might be able to take her to court for illegally evicting you. But do you really want to add to what already sounds like a lot of drama?

twinkiedooter · Jan 29, 2010, 04:39 PM

She just can't throw you out. She must go through a legal eviction proceeding in order to do this. A Judge must order you to vacate after a hearing on this matter in a courtroom. Your MIL must file a lawsuit for eviction and follow the rules otherwise you can sue her for wrongful eviction.

Fr_Chuck · Jan 29, 2010, 10:03 PM

She can not just "throw you out" she has to give legal notice, and if you don't move, file for a eviction in court.

Any promise of "live there as long" has no real legal standing and will do little