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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I live in MN. I have been living in a house 1/2 months. I do

Customer Question

I live in MN. I have been living in a house for 15 1/2 months. I do not have a lease agreement or do I pay the utilities. The house belongs to my ex boyfriends daughter. I was told by my ex boyfriend that he did not expect or want me to pay for anything and that he has never had two incomes. He pays the mortgage monthly to his daughter out of his business. She does not live here but owns another house she resides in. He does not reside here either but has stayed her on occasion in the past. He has condo in another city where he sleeps. We have been split up for a few months and he told me as did his daughter not worry about anything and take as much time as I needed to get on my feet. He asked me to move here from Las Vegas with this understanding that I would have this place to live in and he was going to provide all the expenses. I am not on my feet and today he told me he wanted me out of the house and he was going to change the locks. I have a 13 year old daughter that lives with me as well as two dogs. This entire house is full of my personal belongings. Is this legal for him to do or does his daughter have to give me notice to leave? I can not possible move anywhere in a couple of days, I have to find a place and pack, etc. Please advise.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Since this is not his home, unless he is a tenant there himself and you are subletting from him, he cannot tell you to leave. The daughter has to give you notice, and she has to do so in writing--it cannot be an oral statement. As far as locking you out, that is illegal under Nevada law--the landlord cannot utilize 'self help' and cannot evict you without going to court. The landlord cannot bar entry, change the locks, remove your things, and so forth.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
NV Law? I am in MN Minnesota. His drivers license does say this same address but he does not live here he lives in another city where he keeps all his personal belongings, clothes, etc. Does the daughter have to give me notice even though I have never had a lease and if she does give me written notice, how long do I legally have? Also can she shut off the utilities as they are in her name, not mine but her Dad gives her the money to pay them? Thank you.
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

My apologies, my fingers typed Nevada but the answer is Minnesota, because in this situation the law is virtually identical as far as 'self help' and the obligation to give you written notice.

Yes, even if you have never signed a lease, you are entitled to a notice. You are entitled to 30 days because under law you are treated by default as a 'month to month' tenant. She cannot shut off your utilities.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Does she have to go through any court process to notify me as I would be served papers or proof of her asking me to vacate or can she just write it down and hand it to me or mail it to me? Does she need to go through a formal eviction process? I would like to know how long or what date I would have to vacate premises. I need time to find somewhere to go. She can't shut off utilities even if she pays them, electric or water?
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

To ensure that I do not miss anything, I will go point by point with your questions. You asked:

Does she have to go through any court process to notify me as I would be served papers or proof of her asking me to vacate or can she just write it down and hand it to me or mail it to me?

Proper notice requires that you be served in person, or the notice is affixed to your door, or you receive it by mail.

Does she need to go through a formal eviction process?

Once those 30 days are up and you are still on premises, yes.

I would like to know how long or what date I would have to vacate premises.

You would need to vacate by end of that notice if you wish to avoid an eviction.

I need time to find somewhere to go. She can't shut off utilities even if she pays them, electric or water?

That is correct, she cannot.

Sincerely,

Dimitry, Esq.

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