If I got an eviction notice and need to be out by Christmas, can I fight it?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I got an eviction notice and need to be out by Christmas, can I fight it?

My mother is 88 years old and decided to move in with my brother after a fall. She had me, my wife and 5 kids move into her house, because she is giving it to us in her Will. My brother-in-law came to us a couple of weeks ago and told us he wants to put her into a nursing home because he cannot take care of her anymore. We offered for her to move back in with us. He refused, saying that we couldn’t take care of her. My wife would quit her job to do so. The other day, we got an eviction notice in the mail stating we needed to be out in 60 days because he needed to sell the house to take care of mom.

Asked on November 1, 2011 under Real Estate Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should consult with an attorney about this; you may have grounds to at least delay the eviction, such as if there is a procedural error in how the notice or any subsequent summons/complaint are filed. You may also, more importantly, have substantive grounds to fight the eviction if your brother in law does not have the legal authority to evict to. You say this is your mother's home, correct? Unless she has given him a power of attorney, he does not have the right to decide who does and does not live there; so if the notice is from him and not her and she has not made the decision to evict you, if he does not have a power of attorney, there may be no legal authority for eviction. An attorney can help you evaluate both his power to evict you and the process he has used to attempt to do so. Good luck.


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