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Can my parents kick me out of "there" house when I pay the bills?
Anonymous2 views3 answers
Well im an 26 years old and was living on my own when my parents called me about there money issues and needed my help.I was just paying there rent.After 6 months of this I finally told my mom that it was hard for me to afford my rent, there rent and school .so my mom came up with the idea that we all move in together so we could split the bills and it would be better.My dad wanted to buy a house because it would be cheaper then rent and I was told the house would be left to me if I paid half the bills.So I put ALL the money down on the house and it never worked out so I was paying all the bills down to putting gas in there car.My question is My parents have told me I have 24 hours to get out.What are my rights I no longer have a savings acct. and I have no place to go don't I have rights?
Yes, you have rights, and not just those of a tenant. I am going to disagree with my colleagues' answers to the extent that they indicated that your parents would have to go through the eviction process. Your parents may try to go through the eviction process, but that would not pass muster, in my view, as the facts you relay do not show that a landlord-tenant relationship exists. As a result, they can not evict. The wrongful detainer action is how they should pro
Good luck.
This answer is a general response to a general question and shall not be construed as the rendering of legal advise. The answer is not intended nor shall it be deemed to create an attorney-client relationship, nor shall it impose an obligation on the attorney to respond to follow-up questions.ceed, but you have a wonderful defense--that you have an equitable interest in the property as a result of your having paid the down payment and fulfilling the obligation to pay half the bills. A court can impose a "constructive trust" in your favor, which is to say that your parents have legal title to the property but that they are holding it for your benefit. Such cases are very, VERY fact intensive and so the exact sequence of events, statements, promises and so forth are very, very important.
You capacity as a tenant may be substantiated by evidence of regular disbursements to your parent or . If you do not have a lease, then it is likely that the court may determine that you have a month to month, which still requires your parents to provide you a three day notice and proceed with an eviction compliant. However, if there is no lease, you may say that you are actually there as a non tenant and they would technically have to file a wrongful detainer action. This is slightly more complicated and often requires a jury. Because it sounds like you are short on funds, I would encourage you to speak with legal aid. If your parents remove your belongings then you may want to contact the authorities and file a complaint. Make sure you have witnesses and can verify the contents of your room. Take pictures (especially if they throw your stuff out). So lawyers who are having a dry spell may be willing to take your case contingency if you can prove that they wrongfully evicted you.
I presume you name is not on the home so you would be considered a tenant in this case. Based on the facts you have presented, yes you do have rights. Your parents must go thru the eviction process if they want you to leave or give you the appropriate notice per FL Statute. Since you have been paying all of the bills and paid the complete down payment and they have not held up to their end of the bargain you do have a legal claim as well for the money you put forth on behalf of their end of the agreement. As you are family, I sincerely hope you can work it out without having a legal matter raised.