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?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption