Ok I have a weird situation: my hubby and I "rent" from his mother who owes our building. I pay the rent and have my cancelled checks to show money going to her every month from MY acct. Anyways we never signed a lease now hubby and I are on the outs and he is threatening to kick me out! By law if I never signed a lease if I occupy the apt can I be thrown out like today or does she have to give me time? Trying to work it out but gotta know my options here and I have no idea?! Thanks so much in advance
2006-12-05 14:04:29 · 6 answers · asked by Samantha 3 in Business & Finance ➔ Renting & Real Estate
I am not sure where you live but no she can not tell you to get out today. She has to follow processes to get you out . I.E she has to evict you. I know here in Ohio you no longer have to serve a thirty day notice. You are required to serve a three day notice and if you do not leave with in three days she has to go and place an eviction on you. This usually takes about 30 days before a court date is set. At that time then the court can tell you that you have to leave. But just a warning the eviction goes on your credit record and then trying to find a place to rent maybe a little difficult. If you work this out and she is in the middle of an eviction process with you and a court date has been sent it can be canceled but most of the time the eviction is still on your credit record. I was a manager of an apartment complex for over three years and we dealt with trying to get people out quite often. I hope this helps.
2006-12-05 14:17:51 · answer #1 · answered by kristilynn729 2 · 1⤊ 0⤋
As long as you are in the US you cannot be thrown out "today" by your husband or your mother-in-law. In order to remove you they would have to first give you a 30 day written notice terminating your tenancy. If you still haven't left after the 30 days is up they would have to file a lawsuit for eviction.
If they try to force you out or change the locks without give you written notice, contact the police. They will force them to let you back in. But I suggest that you immediately start looking for a new place to live.
Go to http://realestate.findlaw.com/tenant to read about tenancy laws in general and then click on the Resources link to get details for your state.
2006-12-05 22:37:43 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Her accepting your checks would give you a month to month lease. No lease needs to be signed for this to happen. Keep paying your rent like you have. If she or he wants you out, they will have to evict you. This takes time and money. If they do anything to force you out before a judge orders you out, this is an illegal eviction and you can sue for money damage.
2006-12-05 22:15:25 · answer #3 · answered by Holly C 3 · 0⤊ 0⤋
Depends. Where are you from? Laws differ in different places. I am sure they are not permitted to throw you out overnight. You have tenant rights as well as marriage rights. You could do an on-line search for landlord/tenant laws and marriage laws information for your area. You could call a government office for assistance.
2006-12-05 22:22:32 · answer #4 · answered by Soul saviour 4 · 0⤊ 0⤋
In California you still have to be evicted. But, I think this varies by state, including how much notice that you need. I also believe that she would have to evict both of you, as you are joint tenants.
2006-12-05 22:16:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋
She still has to give you a thirty day notice and even then you would have to be ordered out by a judge.
2006-12-05 22:07:55 · answer #6 · answered by jrsygrl 7 · 0⤊ 0⤋