IfI have lived in my father-in-laws house for 6 years at his invitation, what are my rights now that he wants to evict me?

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IfI have lived in my father-in-laws house for 6 years at his invitation, what are my rights now that he wants to evict me?

What must he do legally to evict me? How long do I have to leave?

Asked on September 29, 2011 under Real Estate Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

Your father will have to legally evict you. If you have paid rent, utilities, etc you are a tenant; if not after so many years you are a "licensee'  (i.e. long term guest). In either event, in order to get you to leave he will first have to serve you with notice to vacate (typically 30 days). After that, if you continue to remain on the premises he will have to go to court and file an eviction lawsuit (i.e. unlawful detainer). If you still remain, he can have the sheriff forcibly remove you.

If in the meantime if he tries to change the locks, remove your belongings, etc, you could sue him for unlawful eviction. Self-help measures in these type situations are looked disfavorably on by the courts.


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