What are a tenant’s rights to a notice to vacate?

I’ve lived with my girlfriend for about a year on property owned by her mother. We had a huge fight on Friday and I was sent packing and told not to return without her mom’s presence. Does her mom have the right to do that or do I still get 30 days to vacate?

Asked on September 4, 2012 under Real Estate Law, Missouri


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

Answered 8 years ago | Contributor

Generally speaking, if you have no written lease you are a month to month tenant and yes, the landlord would have to give you 30 days notice to vacate (there are other types of notices that deal with non payment of rent, etc., but they do not apply here) and if you do not leave then evict you.  Now, you state that you are a tenant.  Would the law see you as such? Do you pay rent?  Maintain the property?  If you are merely a guest then they can ask you to leave with out notice.  Good luck.  

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