I live in my mom's house, have been since 2012. We have no contract. We never discussed payment of rent. I was supposed to just pay PGE, water, and garbage. And I was also suppose help with the taxes and the insurance, cause she was going to put the house in my name, once I got financially stable. In 2012 she was going to g to buy me a house, but then she decided against it and said that she will just give me her house. Now she wants me to move out. Can she actually evict me? I'm not a tenant. She moved out when I moved in and she just moved back in in January.
Depending on the facts, you may legally be considered a tenant, including because paying for utilities, etc. can be a form of rent. In such case, your mother would be able to evict you, but would have to give proper written notice - possibly under Civil Code Section 789.
Again, depending on the facts, there is also some chance (although probably not a strong one) that you can claim she is holding the house in trust for you. You may wish to consult a local real estate litigation attorney to gain a more complete understanding of your rights and options.
Your mother would have to serve you a notice in order to start an unlawful detainer, but yes she would have to evict you in order to remove you form the property. Even if there is no written rental agreement, you could still be considered a tenant depending on the facts.
You may want to speak to a local real estate attorney about the matter to see any potential defenses or causes of action you may have.
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