If my wife and I are currently living at my father’s house in a trailer in the back yard, what are our rights regarding eviction?

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If my wife and I are currently living at my father’s house in a trailer in the back yard, what are our rights regarding eviction?

We do not pay rent and do not have a rental agreement. There is nothing in writing regarding our living on the property. He is going to serve us with a 5-day eviction notice, however, the land it heired to my grandfather thus the property I am on is in my grandfather’s name, not my father’s. The trailer I am living in is also my grandfather’s but my father pays the notes on it. What can my father do with or without my grandfather’s permission?

Asked on August 24, 2015 under Real Estate Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Does your father rent the land your trailer is on from your grandfather? If so, he could, as the person entitled to possession, evict you, who would be his guests, from land he rents guests may be made to leave at any time. If he does not lease that land from your grandfather, he does not have possession or therefore a right to remove you, since you would be guests of your grandfather, not him, unless
1 He has a POA from your grandfather, giving him the right to make decisions regarding your grandfather's property, or 
2 Has otherwise been given authority by your grandfather to manage the land e.g. is your grandfather's property manager.
Since the land is not your father's, he needs something e.g. a lease or POA giving him authority or power over it.


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