Family landlords: Family members live in a house owned by another family member.

I have family members (including children) that live in a house owned by another family member. They do not have a written lease and now the landlord is trying to evict them because they can no longer afford rent. The renters are currently trying to better their living situation and move out in due time, but the landlord has decided to take legal action against them. The landlord is threatening to have them out on the street in 24 hours once they have legal representation. Is this possible? My other question deals with black mold. There is black mold in the house, currently behind plastic in the only working bathroom. The landlord has done nothing to remove it or fix it. Nor have they tried despite repeated requests from the renters. Can the renters sue for that or what can they do about that? Does squatter\'s law apply to this case? What can the renters do to help themselves? Any advice is appreciated and welcome. Thank you for your time.

The landlord has to evict them if they will not leave and that will take much longer than 24 hours.

The mold does have to be repaired and they could sue for the damage or decrease in the value of the premises if need be. They could also file a complaint with the local health dept or or other city officials.

that's the thing though, the tenets want to leave, but have no means of doing so at this present moment. but the landlord is threatening to throw them out before they can get out themselves.

[OHlandlord]

I don't know what state you are in. The LL can give them written notice to Pay or Quit (leave) or to just vacate (which type of notice and the amount of time they have is determined by your state). They can have anywhere from 3 to 30 days to leave. If they do not leave within this time, the LL can file in court to have them evicted and the sheriff to set them out. Please note, there are a couple of states whose laws say they have to give NO notice at all and can go straight to the court for the eviction! Depending on your state, this process can take less than a month or up to 2-3 months. Without a lease, they have no protection. The court will not allow them to stay if they cannot pay rent, no matter what their situation is or how many children there are. Can they move in with other family members until they can find a new place and new jobs?

The other problem is the alleged mold. It's not as easy as it sounds to get this repaired. You don't know that it is mold, nor do you know what type of mold it is by simply looking at it (many strains look black, but are not the toxic black strain). It may be mold, or it may be mildew. Have they written repair requests and sent them to the LL by certified mail, return receipt requested? If not, they have no proof that they even notified him of it. (You need to send all repair requests like this to prove the LL got them.) You have no proof when you just call or ask the LL. (Yes I know this is family, but this is how a renter protects himself.) You need proof that it is mold and what type of mold before you can make him repair. You need to call the health department or the building inspector to have a written report to prove this mold. Keep in mind that this is probably going to look like they are trying to get back at him for his attempted eviction. (Many tenants complain about living conditions when they are being evicted.) They need to reassure the inspector that they have complained about this many times (and give him a list of dates of complaints if possible.) If it is toxic black mold, the place will be listed as uninhabitable and they will have to move immediately.

Great advice!! Much appreciated.