What legal rights do I have as an occupant of 5 years?

Get Legal Help Today

 Secured with SHA-256 Encryption

What legal rights do I have as an occupant of 5 years?

My mother-in-law is tring to evict my husband and I along with our 3 kids. We don’t pay rent but we’ve lived here for 5 years. She told us to be out in 2 days.

Asked on May 27, 2012 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Although you don't pay rent, you still have legal rights. While not technically a tenant, you and your family (in most states) will be considered to be legal occupants of the premises or "licensees". And as such you need to be afforded much the same rights and protection as a tenant under similar circumstances. This means that you need need to be given proper notice to vacate; typically 30 days depending on your jurisdiction. If your mother-in-law attempts to force you out sooner, then she can be held liable for unlawful eviction. If she does gives notice and you do not vacate within the time specified, then she must file for an "unlawful detainer action" (i.e. an eviction) in court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption