Q: Can I be given an 72 hour notice for non payment if there was no payment agreement
I live at my aunts property in a mother in law house there is no rental agreement and we have no verbal agreement to pay rent she said she will be giving me a 72 hour notice for non payment can she do that or does she have to give me a 30/60 day notice
A: Have you ever paid her any rent? If not, she will likely have a very difficult time trying to have a court evict you. Further, a 72 hr notice must specify exactly how much rent you owe - and how does she determine that if there is no agreement on the topic? You don't say how long you have been there or if there are other grounds she may have to get rid of you, but generally speaking if there is no landlord-tenant relationship between you, landlord-tenant laws do not apply to either of you and landlord-tenant court is not where you have to be. So 30/60/90 day notices may not apply at all though if they do, they still must be fully compliant with providing the mandatory information and be lawfully served upon you. It may be that she must file in court to eject you instead of evict you (ejection likely applies if there is no landlord-tenant relationship between you). While no notice to you is required and all she has to do is go file the matter in court, if you oppose the matter in court it will take her at least 4-6 months to get you ejected, perhaps longer. All in all, you may wish to review everything with a local landlord-tenant attorney to fully evaluate your situation and decide upon a game plan for going forward. Good luck.
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