no rental agreement

[Baylee]

I've been renting a house from my mom for a few years, whenever theres some sort of disagreement she threatens to evict us, (my husband and I and our 2 kids) She lives in a single house on the same property right behind us. The house we live in is a 2 bedrm.We don't have any kind of legal contract to rent from her, but we pay her every month, but she only takes cash, because she is on SSI and doesn't want to claim that she recieves any sort of income. We aren't on speaking terms right now, (just yelling matches) But she claims that we will be served eviction papers on July 1st, and if we don't get out the marshalls will lock up the house and she will sell all of our belongings. Can any of this happen, since there isn't any rental agreement? We aren't unreasonable tenants, at all, we pay on time, and I've done so much for her, she's just a very hateful person, doesn't she have to have a justifiable reason to evict us? Please help!!!

 

[Tracey]

When you don't have a written lease and have been paying rent monthly, most states will declare that you have a month-to-month rental agreement. A landlord can terminate a month-to-month rental on 20-30 days notice. However, each state has different laws regarding what type of notice is necessary: usually it has to be written notice delvered to the tenant. Then she has to wait 30 days until you are illegally holding over before she can start eviction proceedings.

She can't lock the house until a court grants her a writ of restitution & the Sheriff evicts you. Even then, she can't keep your stuff unless you owe her money. If she tries, you get to sue her for conversion/theft.

Start getting receipts for your rent or documenting your payments in some way. (Videotape it?) If you really want to play hardball, you can threaten to turn her in to SSI for fraud (don't put this part in writing though).

Stop yellig at each other and start communicating in writing. You need to document your communications with this woman.


Unless your rent is really low, start looking for a new home. I can tell from your writing that this situation is causing you tremendous stress.

Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Baylee]

Thank you for your reply. You hit the nail right on the head!!! I am very stressed out about this situation. I'm in California, if your familiar with any sort of law that I should look into or that you think will help us, so that we can have some time to find a place to move. We are planning on moving SOON, but there were some obsticles that have prevented us from relocating. I took care of my grandfather who was dieing of cancer for 2 years, and now I take care of my grandma, whos not in very good health, so its been real hard (these are my mom's parents) but like I said before, she's a very selfish evil person. Thanks again for your reply, I'll be sure to make some sort of proof that I give her rent money.