Q: I own a house and would like sister to move out. What are her rights and mine?
She's been in since I purchased house 17 years ago. I was amenable to it. It is entirely my house, she has no legal claim to it. We have a joint account which we use for household expenses and the mortgage. There has never been a lease or any written agreement of any sort. Not did I ever say verbally that we'd live here together forever. I'd like her to move out and since hints haven't worked, I may need to ask her to move. What are her rights and mine?
A: With no written lease, she is on a month to month tenancy, which can be terminated at the end of any month by giving 30 days written notice. Notice given in August would terminate the tenancy on September 30. If the tenant is not out by then, owner can give a 3 day written notice to vacate on October 1, and if tenant does not leave, then file an eviction action. Use the Find a Lawyer tab to retain a local real estate attorney to assist you with the process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
