Does my grandmother need a eviction notice to throw me out?
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Does my grandmother need a eviction notice to throw me out?
My grandmother and great grandmother own the house that I am currently living in; they do not live with me. This is my legal mailing address and I have lived here my whole life with my mom (who left 2 months ago to stay with her friend). My grandmother and great-grand mom are now telling me I have to leave for no reason. However I have no place to go and they sprung this on me 2 hours ago. I was wondering if I have any legal rights and do they need a legal eviction? I pay for the food and take care of the house. They are trying to move my uncle in who does not legally live here; his address is my grandmother’s.
Asked on August 19, 2011 Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Actually, they do need to give you legal notice to move. If you have been paying rent or a from of rent (e.g. utilities) then you are considered to be a tenant; if you have not paid any form of rent then you will be considered to be a licensee (i.e. long term guest). Either way, in most jurisdictions you will need to be legally evicted in order to have remove you from the premises. Again, the first step is to serve you with notice (typical 30 days in such a situation). If you fail to move by the date specified then your familt will have to file an "unlawful detainer" action with the court (i.e. eviction lawsuit). Once the judge enters an order for you to vacate, is you still remain, your relatives can have a sheriff come and remove you, using physical force if necessary.
Note: If they try to remove your belongings, change the locks and/or shut off the utilities, you could take them to court for unlawful eviction.
Bottom line, this is a sad state of affairs for a family. Maybe if you all sit down and calmly try to discuss things, you can come up with a satisfactory solution.
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