month2month renter.We don't have a lease and landlord threats to evict if my mother stays with me becauseof leaseterms

Question

The lease ended 8 months ago so we have been paying month to month since then. Now my mother has been staying with me and my landlord is trying to evict us because  terms of a lease. We haven't been on a lease in 8 months. I stay at my boyfriend's house 3 or 4 nights a week and she is now stating on the eviction notice that I don't live here and I do. We asked to resign the lease and add my mother she told us yes took her rent money two days ago and now sent us an eviction notice. Also my mom has been staying here since November she's just now saying something in February. Also there's two other tenants that have people that live with them that are not on the lease. And I assume they renewed their lease.

Dragan Ivetic · Answer

The question is premised on an improper understanding of the legal status of "month to month".  it is not correct that you do not have a lease.  You do have a lease, when a written lease expires without being renewed, it typically becomes a month-to-month tenancy, subject to all the same terms as the written lease that expired.   
 
Thus to answer the question - we would need to know the terms of the written lease.  The fact that the landlord said nothing from November to February is irrelevant.  It is a month-to-month lease that either party can terminate with adequate notice (typically one month).  Does the eviction notice give less time?  Unfortunately, the facts are very confusing in the question, making a determinative answer impractical.  You likely are well served to consult with a landlord-tenant lawyer.

Q: month2month renter.We don't have a lease and landlord threats to evict if my mother stays with me becauseof leaseterms