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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2677
Experience:  Litigation Attorney
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I live in my mothers home but there is no lease. She has

Customer Question

I live in my mothers home but there is no lease. She has filed a notice to quit and I have 31 days to leave before legal proceedings occur, I believe she is doing this in retaliation because she does not want to admit that her grandchildren have a drinking problem plus my 24 year old son punched my husband in the eye causing a concussion that has now caused him to be disabled and he can't work
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

Thank you for your question.

What state are you from? Are you on a month to month lease? Do you have a written lease? What is the reason for the eviction or was it simply to end the tenancy and no reason given?

Expert:  Christopher B, Esq replied 1 year ago.
Are you still there?
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
If you do not have a written lease then you would most likely be considered to be on a month to month tenancy. Basically it means that you have a 1 month lease which is renewed monthly when your landlord (your mother) accepts rent. In most states, the law states that the tenancy can be ended with 30 days notice and she does not have to state a reason. This notice has to be in writing and given to you personally or by mail. I am assuming you are a tenant and not a guest. If you would like to fight the eviction, you would not have to move out and your mother would have to serve you a petition and you could respond and fight the eviction in court. You did not respond to my inquiry as to your state, so I will just give you the eviction laws in general (every state is different). The court would hear your case and decide if you should be evicted (this would be a slam dunk as you are on a month to month tenancy). After the Judge orders you to leave then if you don't, after a certain amount of time and probably notice to you, the Sheriff will come and physically remove you and your things.
Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.