I have just recieved a Termination of Tenancy from my mother in law, I have lived in her house for 15 years.?

Question

She has let me live there for 15 years for free, do I really have to move out??

Answer 1

As started in terms of contract it seems you have no interest.

Though you may have an equitable interest. Equity takes a subjective approach, and you must come to equity with 'clean hands'. Equity will examine your contribution to the property and expectations you had when the contribution was made. It will also examine the nature of the agreement. Equity will as stated will look at the intention of the parties.

It is likely you may be granted a monetary sum, depending on the contribution or equity may allow you to keep remaining as a tenant. It is hard to say as you have not given much details.

I suggest you seek a equitable remedy If your going to seek a remedy at all, though again it depends on the facts.

Answer 2

if she gave you a reasonable amount of time to get out, then yes you do. If she said, be gone by Saturday, you have a few rights out there to delay the time, but its her house and her choices.

The discussion of equity above, was correct, though only a lawyer would be able to understand what he was saying from that post, because it assumes that someone understands the legal concept of equity. i'm not going to get into it, because i don't feel like teaching a class today, but the point the guy was trying to get across is that without a lease, you're not automatically deemed a tenant, which would have rights. you could be considered a guest, which doesn't. SInce there's no easy way to tell, if you tried to challenge you mother in law's decision in court, the court would do a balancing test to see if you were more of a guest or more of a tenant. your rights and avenues of relief would depend on that ruling. However, since she gave you a notice entitled, Termination of Tenancy, it seems pretty obvious that she considered you a tenant, so she'll likely need to go through eviction proceedings if you don't leave on your own.
Now, i'm done being a lawyer and i've got a few things to have you consider. WHere is your spouse? is she living with you, and is that person being kicked out too? Why have you allowed your mother in law to support you for 15 years?! Doesn't that undermine your worth as a man? It seems to me that you are the pansy assed moocher that other people on here are saying you are...unless of course, there was some reciprocal agreement in lieu of rent....like you paid for her car and insurance for 15 years and did all the yard work too and was the general handyman, or you've improved the house while you were there at your own cost etc. these are ways of paying rent that doesn't look like your paying rent. whatever your services were though, need to be worth as much as what a fair rent would be. If you did do these things or others, this is a way to show that you were a tenant, and thus get the protections of a tenant gets. But in short, she can evict you, so you'll be out sooner or later, wouldn't you rather go sooner and avoid the costs of court?

Answer 3

Girl, not to offend you or nothing like that. But it is time for you to move on. We all need our own space and own privacy. I'm sure you mother and law still likes you, but she need her privacy and get back her home. Invading others property is not a good thing. It feel like parasites living out of you. I'm sure you helped her a lot, but no matter how much you give it is not the same. Have your own place and you will notice how good it feels, where you can open your legs wide and not to worry that no one is home, but your husband. Go ahead, don't wait 'till she gives the final word, have pride of a lady and you make the first move.

Answer 4

For free?? I would say that after 15 years, I would get tired of you free loading and kick you out too.

And yes, its her home, if shes says enough is enough, time to go, then she has every right to boot you out. Time to get a taste of the real world and start paying your way, nothing is free in life, you should know that!!

Answer 5

uh, its her house! if you dont have a contract to show that you have a right to be in there, then yeah...you gotta go! you might also want to look at any contract you do have signed, see what the termination rules are. i dont know what to tell you. as long as its not discriminatory and she is taking the proper steps for termination and she has just cause for the termination, then what is to stop her? its her place. try offering her rent.

Answer 6

Yes, you will have to.
I want to throw my Mother in law out, but I dont know the laws.
she is big time troubling me and my 3 month old baby. she makes me do all the work and keeps my baby crying and away from me.

Answer 7

Masked Landlord is ideal. you want to talk to the housing branch at your close by council and teach them the eviction be conscious. you should then be positioned on the housing sign up and as senior voters try to be disbursed a suitable retirement flat without to a lot project. It somewhat will be nicely worth you and your spouse talk to three one on the voters suggestion Bureau.

Answer 8

You are lucky to have a generous mother in law. You must find out the reason and try to pacify her. She may have her own priorities.

Answer 9

Well, its a first step for your eviction! Next you will be getting and eviction notice served by the sheriff and then court. All in all, you have about 3 months!

Where can I get that deal!

Answer 10

depending on where you live, the longest you can stay is 15 days from the date she notified you. but yes you need to leave!