How much notice to vacate must a person be given if they don’t have a lease?

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How much notice to vacate must a person be given if they don’t have a lease?

My future sister in-law kicked me out 2 days ago; I left without incident to allow her to cool off. Today she called my fiance and told her that if she did not move back in with our baby by the end of the month that all of our stuff has to be out in about 2 weeks otherwise it was all going to Good Will. This is going to be difficult to get this done so quick because I drive a truck cross country and travel for work and ny fiance watches our baby and works part-time (let alone having the money to get a storage unit). There is no lease agreement.

Asked on August 13, 2011 Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  What is hard to determine here is your "legal status" with regard to the situation.  Were you living in your future sister in laws home as a guest?  Were you paying rent?  If you were paying rent then you are a month to month tenant and she needs to give you 30 days legal notice to vacate.  If you do not - or your things are still there - then she has to legally evict you in order to have the marshal or sheriff do anything about your personal belongings.  If she does anything to them then she is guilty of conversion.  Is there someone that can intercede between your fiance and her sister?  Maybe cool things down?  I would try.  For everyone's sake.  Good luck.


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