What to do if I don’t have a lease and the landlord is trying to evict me saying that I am a squatter but I am current with my rent?

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What to do if I don’t have a lease and the landlord is trying to evict me saying that I am a squatter but I am current with my rent?

I moved into a duplex with my sister; my parents live upstairs; my stepfather’s brother owns the home. Both my father and sister gave me the OK to move in. I pay my rent to my stepfather and he gives it to his brother; the owner has always known I was living their. However, now because there was a situation that happened between my sister and I, she was forced to leave by a court order. I was a victim in the incident. The owner is saying that I am a squatter and is trying to evict me. What can I do?

Asked on May 5, 2012 under Real Estate Law, Wisconsin

Answers:

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

Answered 9 years ago | Contributor

You have a very touchy situation here as it always is with family. Now, there are a few different ways to approach this.  You are not a tenant.  Your parents are tenants.  You are a child of the tenants that occupy the space.  Children are never really forbidden from living with their parents.  If your prents want to teach you responsibility and have you pay some rent that is up to them and how they use the rent is up to them.  The problem here is that the lease may limit who can live there - and it has to be read by some one with knowledge - but I think you may be able to get around it. If you see yourself as a tenant then you are a "subtenant" and that may be a problem for your parents.  You really need to get help.  Good luck.


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