If I am renting a trailer that my mother owns but don’t have a lease, can she kick me out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am renting a trailer that my mother owns but don’t have a lease, can she kick me out?
My mother recently moved in with her boyfriend. I rent 1 bedroom of the trailer; my brother the other. We do not have a lease. However I do have written proof that I pay rent; we have a calendar that acts as a bill of sale for each month and those dates on the calendar are signed. She is abusive. I am not allowed to lock my bedroom door, she comes in the house when I have to sleep and makes a ton of noise. Now she has threatened to kick me out. I am aware that I need to move but I just acquired work after contacting spinal meningitis and becoming unemployed because of it. Can she kick me out or do I need an eviction notice?
Asked on May 8, 2012 under Real Estate Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, you have an oral or implied in fact lease to live in the unit that your mother owns under the law on a month-to-month basis given the fact that you have resided there for some time and have paid rent in the past.
If your mother wants you to vacate, she is required under the law to give you the required 30 day written notice of termination of your lease so that you can begin looking for another place to live.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.