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I am trying to sell my DC condo in a staged condition. My…

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I am trying to sell...
I am trying to sell my DC condo in a staged condition. My sister said I could stay in her vacant house in nearby MD until I sold my condo. Now she is saying she wants me to move out and I am probably months away from going to settlement on the condo. Can she evict me from her house with a court order? I have been paying all the house bills and have spent over $7000 in renovations "to the dump" she let me move into.
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 6 minutes by:
9/1/2011
Real Estate Lawyer: Richard, Lawyer replied 6 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,889
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

Good morning. Under the law, you are a month to month tenant. As such, she is going to be required to give you at least 30 days written notice to terminate. Then, if you don't leave, the law does not allow her to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you don't move out, she cannot simply change the locks or throw your things out. Rather, hat she has to do is to first deliver a 9-Day Notice to quit...which basically says you have 9 days to leave or face eviction. But, if you still haven't left, she must then file a petition with the court for an eviction order. Only when a judge has issued the eviction order can she have you evicted. That will buy you a good bit of time. You can definitely use those other things as leverage, but you must avoid using them as threats and finding yourself at the wrong end of an extortion criminal prosecution.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have different intricacies in their laws and any information given is simply general information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

 

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Richard, Lawyer
Category: Real Estate Law
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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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