What are my rights as a non-rent paying tenant in a home that was bought as a gift?

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What are my rights as a non-rent paying tenant in a home that was bought as a gift?

I am living in a home that was bought for my fiance, as a gift, by his mother. There was never a lease agreement, being as the home was given to him. His name is not on the deed. His mother is now trying to evict me in 2-3 weeks, if I refuse to move. The reason behind the eviction is that she no longer likes me. There is no other reason besides that. She has never asked for rent. I am considering taking this to court and want to know what my rights are as a “tenant at will.” She pays none of the bills here and has never had the intention to live here.

Asked on July 8, 2011 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

And your fiance lives in the home with you as well?  You are either going to be considered a squatter or a month to month tenant.  Either way she has to serve you with notice to lave within 30 days.  If you refuse to leave within the 30 days then she has to start an eviction proceeding  - known as a summary proceeding as well - to have you evicted and to allow the sheriff or Marshall to become involved.  The problem is, of course, that her name is on the deed and that she is technically the owner.  The situation is fraught with issues and once you get before a judge and explain the situation I am not sure really what the outcome will be.  Seek legal help here.  And bring your fiance with you. 


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