If I have been living with my mother for over a decade, can my sister who was recently put on the deed make me move out?

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If I have been living with my mother for over a decade, can my sister who was recently put on the deed make me move out?

My sister had our 84 year old mother transfer my mother’s house to her through a quitclaim deed about 2 years ago. Now she wants me to move. However 12 years ago my mother asked me to return home and did not ask me to sign a lease or pay rent.

Asked on July 4, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your sister now owns the property, which appears to be the case from what you write, and if you do not have a lease protecting your right to stay there, then she can make you move out. As the homeowner, she has the right to terminate your tenancy and, if you do not move out voluntarily, evict you. She has to do this through the legal systems and cannot simply lock you out, but she can do it if she wants. The fact that you have been living there for over a decade or that your mother had originally asked you to move home does not matter, unfortunately; whomever owns the home currently can decide to end a tenant's or guest's occupancy regardless of what had happened previously.


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