I have been paying rent on a home owned by my mom for the last 16 months. There is no rental agreement between us. Now she wants to evict me and has threaten to bring the marshalls if I don’t remove myself and belongings in 1.5 months. Can she do this?
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UPDATED: May 2, 2012
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When you don’t have a written lease and have been paying rent monthly, most states will declare that you have a month-to-month rental agreement. A landlord can terminate a month-to-month rental on 20-30 days notice. However, each state has different laws regarding what type of notice is necessary: usually it has to be written notice delivered to the tenant. Then the landlord has to wait 30 days until you are illegally holding over before she can start eviction proceedings. The landlord can’t lock the house until a court grants her a writ of restitution and the sheriff evicts you. Even then, she can’t keep your stuff unless you owe her money. If she tries, you get to sue her for conversion/theft.