Can my father kick my2 small children and I out of the house giving us only 12 hours to vacate?

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Can my father kick my2 small children and I out of the house giving us only 12 hours to vacate?

Father does this everytime he gets angry. Causes physical and emotional abuse to myself, making threats. I have lived in this house for 20 years.

Asked on July 12, 2011 under Real Estate Law, West Virginia

Answers:

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

Answered 10 years ago | Contributor

No he cannot. Whether or not you pay rent or a form of rent such as utilities, etc. you must be formally evicted. If you haven't paid rent then as a longterm guest/occupant you will be considered to be a "licensee" (i.e. someone who was invited to stay on the premises by the owner); if you did pay rent you are a "tenant" (whether or not you had a lease). In order to legally remove you from the premises your father will have to give you notice (typically 30 days in writing). If you do not vacate by that time, he will have to go to court and file an "unlawful detainer" action (i.e. eviction). If he wins the case the judge will issue a vacate order. You will then a have week or so to move. If you still remain the sheriff can come a physically remove you. All told the entire process (service of notice until the sheriff arrives) will be around 60 days.


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