We live in the state of PA. We have no written lease... My mother owns the home. My husband has damaged the property (put his head thru bathroom wall). He also doesn't work and doesn't contribute to the bills. I have asked him to leave and he will not. Can my mother evict just him and not me and my 4 children? If so... How many days does he needs to vacate?
The legal process to evict or eject him from the home depends upon whether there was ever a verbal lease between you and your husband and your mother....or whether you are there as her guests....And if there is violence involved that changes the situation too. There are a lot of facts we would need to know to give the best possible course of action. I suggest you set up a consultation with a lawyer because this involves aspects of both landlord tenant law and family law.
Leslie A. Margolies, Esq. is an attorney and Director of The Real Estate Law Group which provides affordable legal representation (sliding scale) for people with property problems in all counties of Pennsylvania. Her services include real estate and landlord tenant litigation, real estate transactions and document preparation. Please note that responses to questions on this website are for general purposes only. Such responses may not be considered legal advice and do not establish an attorney-client relationship.
Your mom would need to initiate an eviction proceeding at the magistrate after giving him written notice of the lease violation and intent to evict. Unless the violation is for non-payment of rent, the notice must provide 30 days. It is possible she could also contact the police and see if criminal charges are warranted under these circumstances.
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