If I’ve lived with my a uncle for 3 months, can he just kick me out in 3 days for not paying the water bill which isn’t even due yet?

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If I’ve lived with my a uncle for 3 months, can he just kick me out in 3 days for not paying the water bill which isn’t even due yet?

The bil is due in 3 days.

Asked on June 9, 2012 under Real Estate Law, Indiana

Answers:

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

Answered 9 years ago | Contributor

Since you are suppossed to be paying rent (or a form of rent such as the water bill), you will be considered to be a month-to-month tenant. This is true whether or not you had a formal lease agreement with your uncle. Accordingly, you are entitled to anywhere from a 3-30 day notice to vacate (depending on state law). If you fail to remove yourself from the premises at the end of that time, then your uncle will have to go to court and file an "unlawful detainer' acion. Until the court issues you a writ of possession, he can do nothing to make you leave. After that time however, if you still fail to leave, your uncle can have the sheriff come and remove you.


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