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Old 09-25-2018, 12:03 PM
 
Location: Pacific Northwest
438 posts, read 376,050 times
Reputation: 2106

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As you are on the lease your mother has no right to kick you out. It is my understanding that when two parties are on a lease together then they don't determine when the other leaves, they are there together and share the responsibility for maintaining the rent and unit.

Your mother has no right to kick you out. Even if every check sent to the landlord only has her name on it, your a lease holder that is identified as contributing to the household and therefor only you or the landlord can decide if you can be removed from the lease. Disregard those stating you should just move out because of your age; clearly you have stated not only are you on the lease, but you are paying for rent. In many states even those that aren't originally on the lease but make a residence there can still be considered tenants by occupation and have to undergo the eviction process which can vary but normally is up to 30 days to allow the evicted resident a place. But as I said, if you are on the lease, that is moot as your mother has no place legally to evict you.

I would let your mother know that as your on the lease you have a right to the home as much as her until the official end of the lease. If she calls the police/sheriff they'll simply treat it as a roommate/domestic dispute and as long as you can prove your on the lease (a good idea would to get a copy of the lease either from your landlord or find the original one if you have it and copy it for your own records) you should be fine.

Also as a heads up, most municipals and states have laws regarding when and how a person be evicted. For many a person has to be officially evicted by the landlord/property owner submitting a notice of eviction to the courts which will then instruct you that you're being evicted and provide you with sometimes up to 30 days to either contest or find your way out. Unless your mother is doing such (gave you an eviction notice that has been filed in the courts) then you are not in an official eviction and it doesn't matter if your over 18....she legally has to give you notice and time (can vary by municipals and state so check) to find a new place.
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Old 09-26-2018, 11:49 AM
 
Location: Boise, ID
8,046 posts, read 28,462,930 times
Reputation: 9470
When you say you are on the lease, do you mean you are a signer, or just an occupant? Totally different situations.
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Old 09-26-2018, 12:11 PM
 
Location: Wisconsin
19,480 posts, read 25,129,262 times
Reputation: 51118
Quote:
Originally Posted by musicfamly5 View Post
As you are on the lease your mother has no right to kick you out. It is my understanding that when two parties are on a lease together then they don't determine when the other leaves, they are there together and share the responsibility for maintaining the rent and unit.

Your mother has no right to kick you out. Even if every check sent to the landlord only has her name on it, your a lease holder that is identified as contributing to the household and therefor only you or the landlord can decide if you can be removed from the lease. Disregard those stating you should just move out because of your age; clearly you have stated not only are you on the lease, but you are paying for rent. In many states even those that aren't originally on the lease but make a residence there can still be considered tenants by occupation and have to undergo the eviction process which can vary but normally is up to 30 days to allow the evicted resident a place. But as I said, if you are on the lease, that is moot as your mother has no place legally to evict you.

I would let your mother know that as your on the lease you have a right to the home as much as her until the official end of the lease.
If she calls the police/sheriff they'll simply treat it as a roommate/domestic dispute and as long as you can prove your on the lease (a good idea would to get a copy of the lease either from your landlord or find the original one if you have it and copy it for your own records) you should be fine.

Also as a heads up, most municipals and states have laws regarding when and how a person be evicted. For many a person has to be officially evicted by the landlord/property owner submitting a notice of eviction to the courts which will then instruct you that you're being evicted and provide you with sometimes up to 30 days to either contest or find your way out. Unless your mother is doing such (gave you an eviction notice that has been filed in the courts) then you are not in an official eviction and it doesn't matter if your over 18....she legally has to give you notice and time (can vary by municipals and state so check) to find a new place.
Excellent points.
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Old 09-26-2018, 12:15 PM
 
Location: Wisconsin
19,480 posts, read 25,129,262 times
Reputation: 51118
Quote:
Originally Posted by Lacerta View Post
When you say you are on the lease, do you mean you are a signer, or just an occupant? Totally different situations.
Good question.

While I am not that familiar with renting, I had always thought that apartments did credit checks/background checks/whatever on every adult living legally in an apartment. That is actually sort of scary if adult children can just move in as an "occupant" and not have to go through a formal investigation to live there.
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Old 09-26-2018, 12:24 PM
 
12,016 posts, read 12,744,120 times
Reputation: 13420
Quote:
Originally Posted by Kingalfred213 View Post
Hi I’m 20 years old and I live with my mother and I’m also on the lease. I pay her every week $30-$60 sometimes $100 every week. In fact she hasn’t worked all summer and I was the one paying for everything, now she comes out of the blue and saying that I have until October 31st to leave. Telling me if I don’t leave during that time she will call the cops. Can she do that ? How do I avoid all of this ? Do I need to call my lawyer ?
Yes call your lawyer.
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Old 09-26-2018, 12:29 PM
 
Location: Boston, MA
5,316 posts, read 3,203,357 times
Reputation: 6982
Quote:
Originally Posted by Kingalfred213 View Post
Do I need to call my lawyer ?
So you have a lawyer but don't have a place to live or a way to find a place in 2 months?
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Old 09-26-2018, 02:03 PM
 
486 posts, read 415,378 times
Reputation: 559
Quote:
Originally Posted by germaine2626 View Post
Good question.

While I am not that familiar with renting, I had always thought that apartments did credit checks/background checks/whatever on every adult living legally in an apartment. That is actually sort of scary if adult children can just move in as an "occupant" and not have to go through a formal investigation to live there.
This will depend mainly on the landlord. Some aren't worried about the extras as long as one or two qualify and they think they'll get rent paid.

We, like I think all should, actually run the whole check on everyone over 18. The last thing we want is a qualified tenant who lets her deadbeat boyfriend/son/etc. move in. They may trash the place, have a record we don't want to rent to, etc.
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Old 09-26-2018, 02:45 PM
 
8,085 posts, read 5,242,769 times
Reputation: 22685
Hmmmm this thread sounds veryyyy familiar.

Did you clean your room?

Anyway, if you're on the lease, the cops can do NADA.
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Old 09-26-2018, 04:48 PM
 
Location: Boise, ID
8,046 posts, read 28,462,930 times
Reputation: 9470
Quote:
Originally Posted by germaine2626 View Post
Good question.

While I am not that familiar with renting, I had always thought that apartments did credit checks/background checks/whatever on every adult living legally in an apartment. That is actually sort of scary if adult children can just move in as an "occupant" and not have to go through a formal investigation to live there.

I agree that they should, and we do this as well, but not all landlords do. Many have a primary tenant and additional occupants, especially if the occupants are the adult children of the primary, as is the case here.
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Old 09-28-2018, 11:40 PM
 
Location: Garbage, NC
3,125 posts, read 3,020,153 times
Reputation: 8246
Quote:
Originally Posted by LLCNYC View Post
Hmmmm this thread sounds veryyyy familiar.

Did you clean your room?

Anyway, if you're on the lease, the cops can do NADA.
I think the cops (more likely a sheriff) can still actually serve the eviction notice, if one is filed. I don't think law enforcement officers have the time, inclination or power to determine whether or not eviction notices are valid or not.

It would be up to the OP to defend himself in court, if it were to come to that. Bringing along proof of being on the lease as a signer should help. Bringing proof of giving money to mom for rent would probably help even more, but it's probably not necessary.

If he's just on the lease as an occupant, as in mom added him as an occupant when he was a minor or something, then I'm not sure. She can probably kick him out with reasonable notice if that's the case. Otherwise, I would think the landlord would have to evict.
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