If I am renting a trailer that my mother owns but don’t have a lease, can she kick me out?

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If I am renting a trailer that my mother owns but don’t have a lease, can she kick me out?

My mother recently moved in with her boyfriend. I rent 1 bedroom of the trailer; my brother the other. We do not have a lease. However I do have written proof that I pay rent; we have a calendar that acts as a bill of sale for each month and those dates on the calendar are signed. She is abusive. I am not allowed to lock my bedroom door, she comes in the house when I have to sleep and makes a ton of noise. Now she has threatened to kick me out. I am aware that I need to move but I just acquired work after contacting spinal meningitis and becoming unemployed because of it. Can she kick me out or do I need an eviction notice?

Asked on May 8, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, you have an oral or implied in fact lease to live in the unit that your mother owns under the law on a month-to-month basis given the fact that you have resided there for some time and have paid rent in the past.

If your mother wants you to vacate, she is required under the law to give you the required 30 day written notice of termination of your lease so that you can begin looking for another place to live.


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