What do I do now thatIhave received an eviction notice?

UPDATED: Feb 3, 2012

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What do I do now thatIhave received an eviction notice?

My family and I were invited by my mother to come and live on her property until we could recover financially No lease of any kind was made. Now I have received this 3 day notice from her and do not know what to do. Do I have to get off in 3 days or is there a legal action I can take to get more time?

Asked on February 3, 2012 under Real Estate Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Do you pay her rent? If you do, you would be a month-to-month tenant on an oral lease, and she has to provide you 30 days notice; if you don't leave at that point, she could institute an eviction action in the courts against you.

If you don't pay her rent, you are only a guest, and she may ask you to leave at any time--so, on three days notice--and technically, she could get the police to remove you if you don't leave. You have no right to stay longer if you are a guest--it's her property.

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