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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 53721
Experience:  Lawyer; developer/owner of RE developments.
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I moved in with my daughter @ a previous address to help her

Customer Question

I moved in with my daughter @ a previous address to help her pay her bills. Her dad bought a house in his name (for her). She asked me to move in to help her with her bills. I agreed, I just took on responsibility of more bills. We've had some stupid disagreements about he said she said. Now she wants me out NOW, do I have any rights, I am very sick and can't just jump up Now. I am looking at rooms,but it is very uncomfortable here because every day almost all day she is berating me to people on the phone loudly and it's hard to focus on trying to get out of here I'm talking about profanity loudly from the time I wake up until I go to bed. I have intractable chronic pain,complex regional pain syndrome,post lamanectomy syndrome and a host of other spinal issues. HELP
Submitted: 24 days ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 24 days ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 24 days ago.

Hi Doris. Can you tell me in what state you are located? Thank you!

Customer: replied 24 days ago.
Expert:  insearchoftheanswer replied 24 days ago.

Thanks for your quick response. It will take me a few minutes to type my response. Thanks for your patience!

I will he happy to discuss this with you by phone. I tried to accept your phone call offer, but received the following message:

Payment for this service failed, please do not fulfill yet. We will attempt to reach this customer to fix the situation.

Expert:  insearchoftheanswer replied 24 days ago.

You can ignore her demand to leave immediately and if she tries to force this, call the police! You have plenty of time. When there is no lease and whether or not you pay rent, you are considered an "at will" tenant, which is treated legally as a month to month tenant. As such, you must be given at least 30 days written notice to terminate your tenancy. Then, if you do not leave, the law does not allow your daughter to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you do not move out, she cannot simply change the locks or throw your things out. Rather, what she has to do under PA law is to then deliver a 15-Day Notice to quit...which basically says you have an additional 15 days to leave or face eviction. But, if you still have not left, your daughter must then file an unlawful detainer 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 your daughter have you evicted. That will buy you a good bit of time.

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