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Barrister, Attorney
Category: Legal
Satisfied Customers: 37381
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My fiance purchased a home in georgia last August and my son

Customer Question

My fiance purchased a home in georgia last August and my son and I moved in with him allowing my home to be foreclosed on. I took limited furniture to my new home because he didn't like it and assured me we would get more . I had a 2006 highlander which was paid off and I allowed him to trade it in on him a jeep relying on his promise that if I did this, he would give me his Lincoln (his car). He had since decided he doesn't want to be with me and has told me to get out of his house and to pay him for
the Lincoln or he wants to sell it. Now, its my son and I with no house, no car, horrible credit, and no furniture. I'm still in resident, w him, do I have any rights? How long can I stay there?
Submitted: 12 months ago.
Category: Legal
Expert:  Barrister replied 12 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  Barrister replied 12 months ago.

If he is the sole owner of the house, the from a purely legal perspective, you are considered a month to month tenant under an oral tenancy agreement. So basically he is your landlord and you are his tenant, even if there is no rent paid.


In order to terminate your tenancy, he would have to give you a written 60 day notice to terminate and then he would have to file a formal eviction action in court if you didn't move out after that 60 days. The eviction case takes about 3-4 weeks longer before he could get a judgment and a writ to have the sheriff forcibly remove you.


As for the vehicle trading, you can sue him under a breach of contract action for whatever your Highlander was worth at the time of the trade in since has breached the agreement to give you the Lincoln.