My brother and I are in our 30's and we live in my parents home with my dad BOTH their names are on the deed. My mom currently is living with my grandmother to take care of her. My mom wants my brother and I living at my parents' house so we do have her permission to be living there. My dad is threatening to evict us if we are not out by March 18th. His reasons are non-payment of rent. No basis of rent has been established (verbally, written, or implied), and we have my mother's permission to live there. Can he evict us?
You will probably need your mom to come to court to testify that she is allowing you to stay there for free. The trial on this will be interesting, though terrible in many ways.
I agree with Attorney Goldman that this presents an interesting dilemma. Legally, if your mother allows you to live there without his permission he might be able as a joint owner to require her to pay him reasonable rent for your occupancy. Why don't you and your brother find a cheap apartment to rent together or actually pay some rent to your dad since you are both adults. A judge is not likely to be very sympathetic towards you and your brother.
I lived alone in my early 20s, went to school full-time, and worked enough to pay all of my own bills. Of course, I didn't have much if any disposable income, but I was self-sufficient. If you and your brother pull your resources you should be able to get by even in this economy. Otherwise, you risk putting unfair and unnecessary strain on your parents' marriage.
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As the other attorneys rightly said, it is hard to tell what the judge will do but in a recent Supreme Court ruling regarding a different matter, it was decided that one tenant (your mother perhaps) does not have the authority to override the other tenant's (your father) constitutional rights. Again, this was a different matter but if applied here, you may be out on your keesters. Anyway, the bigger question is why in the world do you think you should live with your parents for free? You are in your 30's and, based on your statements above, are literate. Get a job and pay dad or get your own home. It will help your relationship with both parents. You have no constitutional right to live there past 18 so I just don’t see a judge being all that sympathetic. If I was the judge…well, dad would win. By the way, as you stated "no basis of rent has been established..." This argument will do you no good. There does not have to be a formal rental agreement for you to be evicted. You simply have to be residing in the home to be evicted. As a matter of fact, a written agreement would do you more good, but with nothing, you have no real basis for the judge to let you stay. Good Luck!
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Is your mom's permission in writing? If not please get it immediately.. I would also set up a nominal rent....payable to your mom.
In any case, it sounds like family trouble..
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