no lease, no rent- being evicted?

Status
Not open for further replies.

clcinwv

New Member
my fiance, my three children and I were permitted to move into a "family home" one year ago. there were never any conditions discussed concerning our living here prior to moving in. we pay the utilities and are responsible for the upkeep (cleaning, yard, etc), but we were not asked to pay any rent. we have made a couple of small repairs at our expense. in october, my mother informed me that we could stay here until spring, at which time the house was going to be prepped to sell. there was never any problem with us living here until I was the victim in a battery incident with my cousin. no problem, I don't want to live here with all the fuss anyway and we are looking for another place. now, my mother repeatedly leaves messages and notes on the door that she will be entering the premises within 24 hrs. she was instructed to do this by the county magistrate. i have no problem with anyone entering as they had never cleaned out the house after the passing of my granddad in 2003 and there are many personal belongings still in the attic. the problem is that she has found an excuse to come in the house 4 times in the past two weeks and i feel she is abusing her right to enter to intimidate and harrass me. she will call on the phone and if no one answers she will drive by, have someone else drive by, and call the neighbors to see if we're home. she has threatened to hit me and i have considered a protective order against her. she also drew up some sort of lease and sent it registered mail, which came today while I was gone. i will go pick it up on monday. she left a note while she was here today saying she'll be back tomorrow to discuss a couple of things with me and stated some things she was unhappy with regarding the property. questions- can she continue to come in the house without valid reasons? how long do we have to vacate the property once I receive the "lease"? are we allowed more time than usual because of the children (ages 12, 5 and 1)?
 
what is reasonable/ within law? she has come in 4 times in two weeks. the first time was to look through old tools in the basement that were my grandfather's with her sister who wanted them for her husband (these are the same items that have been there since gdad's passing in 2003). they left without anything. the second time was to get keys to storm doors and do an "inspection" (she was here for 1/2 with another sister, spent the entire time in the basement again, did no inspection, and left again empty handed). the third time was today, her message was she was looking for the keys again, wanted to check the bathroom, & needed to go in the attic (I left before she got here and returned after she left). i found the keys and left them out for her, they were gone so I assume she got them. she left a note that she's returning tomorrow to discuss some things with me, whatever that means. I can only assume that she's po'd that she didn't get to tell me off today and start yet another argument with me, so she's coming back to fulfill her mission. She has already sent the lease as she promised and I would imagine that all her concerns would be addressed in it, or I would hope so for legal purposes. I just feel that she is abusing her "right" because she keeps coming up with "reasons" to enter. She has come in to get certain items and she has done her inspection. she should address any issues with the inspection in writing. she sat outside in her car last night calling the home phone and then the cell, neither of which I answered, then drove by several times. she does this type of thing several times each week. i consider that harrassment. she's basically making excuses to come in the house to bother me and I'm aware that she has every right to do so. but, when is it in excess?
 
I understand. Don't have the xtra $$ right now to do so. I'm just very frustrated with this whole situation. If I had known that after one year of living here we would be booted out, I never would've packed up my 3 kids and moved. We changed school districts and everything, so this affects the little ones as well. I just want peace and quiet and know that won't happen until I'm outta here.
 
Your mother can be considered your landlord (even though there is no lease and pay no rent). She is following the guidelines by giving you 24 hours notice to enter her property. There really is no legal limit on how many times she can do this.

In the absence of a written lease, a tenant is typically seen as a "month to month" renter (this is assuming that the tenant pays rent on a monthly basis). In most states, all that is required is 30 days notice to vacate the premises.

Gail
 
I just picked up a certified letter from the post office this morning. It is a month to month lease asking me to pay a monthly rent amount beginning Feb 1. However, I am moving out by the end of this month. Am I still required to sign the lease and return it? If so, is there a certain time period (from the date I received lease) in which I have to sign and return it or is it to be signed and returned by the end of this month?
 
That's what I thought. Let's just say it is going to take us one month from today to get everything in order to move or that we won't be able to get in the new place until March 1st. Should I sign the lease for the month of February or not sign it and let her proceed with eviction?
 
You need to realize what an eviction will do to your credit history. MANY landlords will not rent to you if you have an eviction on your credit record. That's an automatic "no" for me if an applicant has an eviction on their credit history.

Look; if you want to move and get away from all of this, then just do it. Don't drag it out for almost 2 months. It sounds as if things are NOT going to get better between you and your family.

Gail
 
No, I would not want to ruin my credit history at all. I'm not deliberately dragging it out, but the house we are "hoping" to get into may not be ready when we are. So, we may need to stay a little longer than expected. I hope not, for the sake of avoiding any further conflict with my family. But, it's winter time, we have three kids to move + all of their stuff, and finding a suitable place on such a short notice is proving to be very difficult. Not saying that I want to taunt them, not at all, but that we may just need a little more time. So should I sign the lease for the month of Feb if we're going to be here even for a week or two?
 
In that case, I would sign the lease and send it back before February starts, pay the rent February 1st and at the same time give your 30 day notice that you are vacating the rental.

In most states, a month to month tenancy can be terminated with a 30 day notice. Some states are a bit different (in my state of Georgia I would have to give a 60 day notice as a landlord) so if you'll mention your state, I'll confirm this 30 day requirement.

Gail
 
we are in WV. I think it's 30 days for us, but you can confirm that. I found three places today that I would able to occupy immediately, so I need to get my butt in gear and get moving! I don't forsee that we'll be here past the end of the month. I feel a huge burden lifted from my shoulders.
 
In your state, the required notice is one full month, given prior to the start of the next rent cycle.

For example, if you were going to move by March 1st, you would give notice by January 31st.

It is always smart to give this notice in writing so you have documentation that you did this.

Gail
 
Status
Not open for further replies.
Back
Top