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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102143
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I live with my fiancé where we pay the mortgage but the house

Customer Question

I live with my fiancé where we pay the mortgage but the house is in his mothers name. I have to get a PFA b/c my 2yr old daughters life is at risk. He has been shooting steroids for 2 1/2 yrs and leaves dirty needles, pills that read not for human consumption on them on the floor ect. I am just concerned that she may tell me I have to leave, b/c that's her son. I just don't want to put myself in a situation where I have no where to take my baby. I have lived her for over 3 yrs., but we do not have a lease with her. Please help!!!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. You can get a PFA from your fiance, if this is what you mean. This would override tenancy and he would have to relocate to conform to the PFA. However, since the home belongs to his mother, she can ask you to leave. You are a tenant at sufferance, meaning you are at the property only at the discretion of the owner, which is HER. She can ask you to leave for any reason. This includes even if her son was in the wrong. She DOES have to give you written NOTICE demanding termination of tenancy at sufferance, however. So she cannot simply change the doors. She'd have to give you written notice and if you do not leave upon the date in the notice, she would have to evict you. This may all take several weeks. But the point is, she has that right. At best, ***** ***** your situation would have a few weeks if she decides to terminate the tenancy. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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