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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54714
Experience:  29 years of experience practicing law, including tax and estate planning.
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My mom past away in June of 2015. I had been living and

Customer Question

My mom past away in June of 2015. I had been living and taking care of her for the past five years. This is my legal residence. In her will she left the house to my older brother who is going to sell this spring. Presently I am out of work and collecting SSDI. I am looking for work but afraid he will sell and throw me out. Can this happen?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

First, let me tell you how sorry I am for the loss of your mom. Having lost my own mom a few years ago, I know what a difficult time this can be. I will certainly keep you in my prayers.

With regard to your specific question, although your brother may own the house now, he cannot simply throw you out. Since you have no written lease, you are legally deemed to be an at will tenant, which is treated as a month to month tenant. Since you are a month to month tenant, he is going to be required to give you at least 30 days written notice to terminate your tenancy. Then, if you don't leave, the law does not allow him to forcibly evict a tenant without obtaining an eviction order from a court. What that means is that if termination date comes and you don't move out, he cannot simply change the locks or throw your things out. Rather, what he has to do is to first deliver a 3-Day Notice to quit...which basically says you have 3 days to leave or face eviction. But, if you still haven't left, he must then file a petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can he have you evicted. That will buy you a good bit of time.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you he could not evict you at any time, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

First, let me tell you how sorry I am for the loss of your mom. Having lost my own mom a few years ago, I know what a difficult time this can be. I will certainly keep you in my prayers.

With regard to your specific question, although your brother may own the house now, he cannot simply throw you out. Since you have no written lease, you are legally deemed to be an at will tenant, which is treated as a month to month tenant. Since you are a month to month tenant, he is going to be required to give you at least 30 days written notice to terminate your tenancy. Then, if you don't leave, the law does not allow him to forcibly evict a tenant without obtaining an eviction order from a court. What that means is that if termination date comes and you don't move out, he cannot simply change the locks or throw your things out. Rather, what he has to do is to first deliver a 3-Day Notice to quit...which basically says you have 3 days to leave or face eviction. But, if you still haven't left, he must then file a petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can he have you evicted. That will buy you a good bit of time.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you he could not evict you at any time, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!