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Mom and Sons Being Kicked out of Home Eviction Grounds

Discussion in 'Other Residential Landlord & Tenant Issues' started by Tammy, Dec 5, 2014.

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  1. Tammy

    Tammy Law Topic Starter New Member

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    A year ago my boyfriend who is an australian resident purchase a home for me and my boys to live in. He told me it was ours. He has never lived in the home and visited twice in the past year. He has paid the HOA fees, taxes, water and sewage. He now wants us out so that he can sell the home. I never expected to have to move. There is no written lease or rental agreement. Finding a place to rent in my kids school district - that is affordable is nearly impossible. That is why he purchased the house for me in the first place. He bought the home cash. He has not lived here. He has paid certain bills and taxes and the deed is in his name only. What is the process he will need to go through to evict my sons and I? What should we expect? Any advice would be greatly appreciated.
     
  2. army judge

    army judge Super Moderator

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    Why force him to evict you?
    He owes you NOTHING.
    He owes your children NOTHING.

    Why don't you make it easy on yourself and just vacate the premises VOLUNTARILY?

    Why would leaving the home VOLUNTARILY benefit you?

    Because, if you force him to evict you, you'll never be able to rent another DECENT home or apartment in a DECENT neighborhood for decades, if ever!
    Just the fact that he brings an eviction action against you will bring about the very same result.

    You've lived rent FREE for a year.
    Sure, you've paid the utilities you've CONSUMED.
    He's allowed you to stay there for FREE.

    Okay, all he has to do, if you refuse to get gone, is to bring an eviction action against you.
    He need not give any reason, and a signed lease isn't necessary.
    He can simply say, he wants you and your brood, OUT!
    It'll take a few weeks, but GONE you'll be.

    He files an action before the court, after he serves you with a "notice to vacate" and you choose to ignore it.

    In about three to four weeks, a court hearing is scheduled, after a deputy serves you.
    At the hearing he'll tell the judge you must go.
    You get to tell the judge LEGAL reasons why you don't need to go. (You have none.)

    The judge rules, gives you a couple days to get, and if you haven't, the sheriff will come to throw your stuff and you on the curb.

    Long before the hearing, the suit is made known to many landlord databases and all credit bureaus.
    Your credit rating is zapped, and you'll never rent a decent unit for 20, maybe 30 years!

    Eviction law in PA:

    http://www.palawhelp.org/issues/housing-and-shelter/eviction

    http://www.landlordguidance.com/eviction-notice-forms/pennsylvania-eviction/
     
  3. Tammy

    Tammy Law Topic Starter New Member

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    Why? Because the house was a gift. I was told it was mine to stay in as long as necessary. There was no rent or written agreement. I know he owes nothing. He has decided to take the gift back. My name was never placed on anything so I realize I don't have any ownership. The kids and I have no where to go once we leave here. I've no family and he also employeed me which he also took away. I'm not complaining... people change their minds. I simply wanted to know how long it would take, if I had any chance of buying a few months thorught he winter. I guess not.
     
  4. army judge

    army judge Super Moderator

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    I didn't ask you why, madam.
    I also have not harmed you.
    I attempted to answer your questions to the best of my ability.

    I suggest you do a little research on the statute of frauds.
    He may have told you he was giving you the house.
    I'll accept your representation that he DID tell you, "Here, this is your house."
    Unless he put that in writing, it wasn't the gift you may have thought it to be.

    As far as your working arrangements, they have nothing to do with his LEGAL RIGHT to now demand that YOU and your children vacate HIS house.
    You see, madam, it was never your house.
    If he wanted to actually give you a house, and people do gift homes everyday, it must be done differently.

    It must be done in writing using the proper conveyance, following the proper legal process.

    Maybe he knew that then, maybe he didn't.
    It doesn't matter, because one can't orally gift a house.
    In effect, he gave you USE of the house.
    Now he wants you gone.
    You can say no, EVICT me Mister.
    As I stated above, that portends extreme difficulty for you for decades, even if he only sues you for eviction.

    Bottom line, negotiate your exit today.
    Ask him if you can stay for 15 days, 30 days, and more than likely he'll agree.
    Get it in writing, and signed by both parties.
    Then honor the agreement.

    If he says, no, get out now.
    I suggest you do that, because you really don't want the scar that an eviction action will sting you and your family for years to come.

    Nevertheless, I DO understand how stressful this must be, especially at this time of year.
    The law can very often be a very cold, heartless beast.
    That is why I always suggest to my clients and others, its always best to avoid court battles and negotiate an acceptable compromise.
     
    Last edited: Dec 5, 2014
  5. txls

    txls Well-Known Member

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    You can of course ask him to let you stay and if you offer to pay rent for that time period it might be a little more likely that he will agree.
     
    army judge likes this.

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