Asked in Civil Rights and Landlord - Tenant for Mississippi

Q: I live in a house owned by my mother. I've lived there for more than five years. She now wants me out. Do I have any rig

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I understand this is a difficult situation. The rights you have as an occupant living in a home owned by your mother depend on a few factors. Here are some key considerations:

- In most jurisdictions, if there is no formal lease agreement, you would likely be considered a "month-to-month" tenant, even if no rent is paid. Month-to-month tenants are usually entitled to either 30 or 60 days written notice to vacate, depending on local laws.

- In some places, if you have lived there for an extended period (often several years), paid for repairs, or in some other way acted more like an owner than a tenant, you may have some equity rights in the property. This is not typical though.

- If your mother tries to evict you without proper notice, you may be able to challenge the eviction in court. However, as the homeowner, she is generally within her rights to ask you to leave with appropriate notice.

- Consider if there are any complicating factors, like a physical or mental disability on your part that could make you eligible for special tenant protections.

The best first step is to have an honest, calm conversation with your mother about the situation and see if a compromise or transition plan can be worked out. If that fails, consult a local tenant's rights organization or attorney to assess your specific situation and what recourse you may have. I'm sorry you are dealing with this stressful circumstance and I hope you are able to find a positive resolution.

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