I have lived in the same house as my grandmother since I was a child. She recently passed away in November. Now her daughter who is the trustee is trying to strong-arm me out of the house because she wants to sell it. I'm not trying to stay in the house too much longer, but I am not prepared yet to leave. She is trying to get me out by this weekend. I didn't pay rent when I lived with my grandmother, and I understand that since her daughter wants to sell the house and I'm not paying any rent that she wants me out. But like I said, she's just trying to strong-arm me out by this weekend and I'm not ready. So what are my rights? Does she have to serve me with some sort of paperwork? By her just trying to strong-arm me out, is she breaking some sort of law? Please I need answers immediately.
I agree with my colleague. She need to give you a 60 day notice.
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First payment or non-payment of rent is not the basis upon which you may have any rights here. Even if you did pay rent, the trustee still has a right to terminate your lease/rent of the premises in order to sell the house. But the trustee must do the procedure correctly. If you had lived in the house for over a year then the trustee must give you a written 60 day notice. If you fail to move out in that 60 day period, then the trustee has a legal right to pursue an evicition order. If you lived in the residence for less than a year then the trustee only needs to give you a 30 day notice and then puruse an eviction process. If the trustee did as he/she was supposed to do, this isn't "strong arm" tactics. You didn't say above how long you lived there but you can apply the facts above. If you never got the legal notice to move out, then the trustee isn't doing it properly, but you still need to see that the end is near as to your tenancy. The only other possibility in this is if the daughter really is trying to operate as a "trustee" when in fact there is not trust and your grandmother left only a Will or nothing and the actual "trustee" has not been appointed as the estates Adminstrator/executor by a court and therefore has no present authority to act on behalf of the estate. In this last case, then you really do need to talk to a probate attorney as you then might be in line to actually probate your grandmothers estate.
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