Landlord just passed away, can his childrens just kick us out?

Question

Good evening to all, i was wondering if anyone might be able to help me out with some info.

We been living at this location for 10 years. The place was originally rented, by verbal agreement, to my step-father, who was one of the sons of the landlord, he however, passed away 6 years ago. When that happened, the landlord told my mother not to worry, that as long as we paid rent, we could stay as long as we liked, since they loved her like a daughter.

When the landlords wife fell ill, my mother took care of her, until she passed away, same thing happened when the landlord fell ill and passed away, which was today. The landlords sons just told us, that we should start looking for a place to rent, since they got to sell the place. Can they just kick us out like that?

We have no lease, but i been paying with checks this whole time, for record purposes. I got out of the military 3 months ago, and have not found a job yet, so i have very little money left. Any help would be appreciated.

I would like to thank everyone for their answers, they all have been very helpful, and im actually taking a bit of info from everyone.

My main concern was timing, since, they want me leave the apartment in 2 or so weeks.

As I said before, I got out 3 months ago, but was actually discharged (released from service) last month, which was the actual end of my contract, so hunting for job while in a contract is kind of though. I was looking to do pretty much what i went to school for and did while in service, but i guess its time to look for anything that comes up, at least until i can get my family settled in.

Once again, thanks a bunch to you all, and to Karen K, i am very sorry you going through similar circumstances, i will pray for you and keep you in my thoughts.

Answer 1

I hate to tell you that what can happen is yes-the children have every right to evict you because you have no lease. They do have to give you notice of 30-90 days and they must take you to court. I have been dealing with similar circumstances and I want to share a website that I found that fits in with this situation. The website gives free advice on all landlord-tenant laws and they offer free case review. You can post your case and have it reviewed by up to 5 attorneys (free of charge) which with your money situation will help rather than trying to pay for an attorney. The website is: http://real-estate-law.freeadvice.com/landlord_tenant/
You can also select the topic and select the state which you live in.
You can also look in to purchasing the property if the children are going to sell it! Good Luck you will be in my thoughts!

Answer 2

First off - just because someone told you to move - them verbally saying it does not put it in stone- continue to pay your rent and make sure you keep all receipts. The new owners will have to follow through with a legal eviction , if they do so- then you will be given usually at least 60 days to find a place (if you have been paying rent) and upwards of 6 months, in a case like this the courts are understanding that you have resided there for a long time- and that you are paying your rent so they will not be quick to allow for the new owners to kick you out, and that fact does not change rather you had a lease or not.
Another thing to take into consideration is that just because the father passed away- it may not automaticly give the owners rights to the children- it depends on the type of deed or title to the property there is - they may have to to wait a few months or longer before they even have the legal rights to ask you to leave. may be something to look into.
And if you are low on income - there may be some help availble through the state- call your local DSS office to find out. Soemtimes they can aide with a portion of rent to be paid by the state- or sometimes with a security deposit to be paid, that all depends on your circumstances and area you live in - but its worth looking into, also make sure they know you have served in military because there are programs for housing at discounted rates availble in most states to vets.
good luck

Answer 3

Since you have no written lease in place you are considered a tenant at will on a month to month basis. Unfortunately the Landlord has the right to give you 30 - 60 days notice to vacate and there's not much you can do about it. If they are going to sell the place because they need or want the money then there's nothing you can do to stop this.

Answer 4

Without a lease to the contrary, the short answer is yes, with at least 30 days written notice, and in some states 60 days written notice is required. The landlord does not have to give a reason, he just has to give proper notice. Sorry! You may have some success with asking to rent until the home is sold. However, it may only delay the final outcome. Good Luck. . .
P. S. There may be other mitigating factors: Check your local library for a book on Tenant/Landlord law for your state.

Answer 5

They absolutely can. Not without notice, as others have stated, but they do have the right to evict. HOWEVER, much depends on what the prospective buyer intends to do with the property. If the intention is to move in and live there--then obviously you can see for yourself where you stand. But if the new owner intends to continue renting it out, there is the possibility the present owners will recommend you as reliable tenants. Even so, there is a strong likelihood the new owner would want it delivered vacant in order to perform renovations. But landlords are always on the lookout for good tenants.

Answer 6

In NYS, they can only evict you if they are going to move into the apartment as a primary resident. It also depends if the house has 6 or less units.

If they are selling, you don't have to move. Possession is 9/10ths of the law.

They can try to evict you, but that will probably take at least 6 months to go to court & another 6 because judge is usually on side of tenant.

He wants you to leave because he doesn't want to have to sell an "occupied" bldg.

**Call up your local State Assemblyman & State Senator. They always have a housing expert who can tell you your rights. They even have attys. sometimes. If the person you speak to sounds like they're on the side of the landlord, say so and ask to speak to someone else.

Best of luck to you.

Answer 7

So sorry to tell you this but yes they can. However they must give you the proper notice in writing. If they plan on selling the home ask how much you would be able to purchase the home for? In Calif. they would need to give you a 60 day notice in writing. A verbal notice will not stand up in court.

Answer 8

Unfortunately, depending on where you are, all you are entitled to is 30 or 60 days notice.

Some states require the 60 days notice for a long tenancy like yours but short of that you really have no other options if they want you out.

Answer 9

There is no "right" to stay at a place you have been renting, no matter how long you have been renting. The only thing you are entitled to is a notice of 30-90 days, depending on where you are. Yes, they can just kick you out. Sorry.

Answer 10

In a verbal rental agreement it is usually as long as each check payment period. Renters have limited rights over the property owner unless it is all in writing in a contract.