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FamilyAttorney
FamilyAttorney, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 804
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 36 years
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I am 65 years old was asked by my son and his wife to stay

Customer Question

I am 65 years old was asked by my son and his wife to stay in their home with their two teenage daughters my granddaughters as I was losing my home of 27 years the arrangement was I cooked cleaned washed bought all the food made sure the girls went to school my son and daughter-in-law would be out of town all week only home on weeking have held up my end now they want me to pay $500.00 a month and still maintain my duties have been doing this arrangement going on 10 month please know I love doing it and getting to really know the girls they are great I paid them last month I told them this month that I thought I did not feel it was right for them to change our verbal agreement I have been called slut, horror, freeloader with their threats of putting me out on the street they know I have know where else to go is this legal
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  FamilyAttorney replied 3 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, etc. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed.

Also – I will be typing my answer for you so I’ll be back in a few minutes. If I'm a little late getting back into this room to answer you, please know that I have had computer issues tonight and I am not ignoring you.

Can you please tell me what state this is in? It's not showing on my side. Thanks!

Expert:  FamilyAttorney replied 3 months ago.

I don't know what state this is in but I can tell you what the law is generally.

You are actually a tenant in their place without a lease. That makes you a month-to-month tenant if they want you to pay monthly. Without a lease, they can change the terms of it if they give you advance notice, but they can't put you out on the street. They would actually have to go through the eviction process to get you out of the home. This sounds extremely disturbing -- do they work? Why would they suddenly need $500 a month if you are doing everything for the kids? Do they work during the week and have they suddenly developed spending habits that are out of control?

You don't have to answer those questions, and they don't have to tell you either. You might want to ask yourself if you've seen any change in them.

In any event, I am so sorry you are going through this. You are only 3 yrs older than I am and it's not something that we need at this phase of our lives, so I truly sympathize, and I can relate to a difficult child or in-law.

That being said, they must actually evict you. They have to serve you with notice to quit or a notice -- the time depends on what state you are in -- it could be 3 days, 7 days or 14 days. That does NOT mean you have to leave. They will think you have to leave but you don't. They can't throw you out. If they do, you can sue them and collect money damages for illegal eviction.

It is as if they are your landlords. To buy time, you can stay there even if you are given a notice to quit, and then what they must do is they must serve you AGAIN with either a summons and complaint or a summons and petition for eviction. Then you will be given a court date and the case will go into court. If you want to slow it down, ask for a jury trial. If you need a landlord-tenant attorney, let me know where you are (nearest big city) and I can find lawyers for you.

It is not legal to throw you out, but it is legal to change the terms of a month-to-month agreement. As long as you don't have a lease, there is nothing preventing them from changing those terms. I would suggest you either work out arrangements with the parents or find another place to live. It seems like they're taking advantage of you, a lot, and that's not fair. I don't blame you for being upset.

Does this answer your question? Let me know if you want me to find lawyers for you, just in case.

Expert:  FamilyAttorney replied 3 months ago.

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find a lawyer. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated. Thanks so much!

A follow-up question is free if it is based on this one, while a new question would need a new post. Also you may make a copy of this transcript so you know what to do.

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Thanks for letting me help you tonight!

Expert:  FamilyAttorney replied 3 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

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