Getting kicked out of my house

W

WAS

Bluelighter
Joined
Jul 10, 2003
Messages
63
So my mom is getting an eviction for me to leave my house b/c she doesnt want us here anymore. I'm 17 and won't be 18 until May 3rd. I'm just wondering how long an eviction takes. Also what are the consequences of me staying in my house after being evicted. Finally, does anyone have any advice or should I just kill myself? I have nowhere to go.
 
Evictions can take weeks or months depending on various circumstances. First thing, you should counter-sue, if for no other reason than to drag things out with continuances and motions to compel evidence. Sue her for breach of agreement. Your motions to compel should ask for things like bank records (so you can prove you paid her rent, even if you didn't), etc etc. Your goal is to make it so annoying for her to pursue the case against you that she gives up and makes some sort of compromise.

In the meantime I suggest you get a job (if you don't have one) and start saving your money. Also, get a Nolo (or some such) book on landlord/tenant disputes and tenant rights.


X
 
any more advice at all it very welcomed. the counter-suing is a good idea, but what about the fact that i will be 18 so soon? is it true that when i'm 18 she can just make me leave without an eviction?
 
No. You have the same rights as any other tenant/renter and she must do a formal eviction procedure, even if you never paid rent.

If she simply serves you with the paper and then, without waiting for the decision of a court as to the legality of this notice she changes the locks (in many states) this is a felony.


X
 
Start looking for a job and a room mate.

I wouldn't advise fighting with her much if you ever keep drugs around. Because she can easily call the cops and let them search the place and bust you for drugs.
 
WAS said:
So my mom is getting an eviction for me to leave my house b/c she doesnt want us here anymore. I'm 17 and won't be 18 until May 3rd. I'm just wondering how long an eviction takes. Also what are the consequences of me staying in my house after being evicted. Finally, does anyone have any advice or should I just kill myself? I have nowhere to go.
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R U not considered to be a "minor"?
 
^I had the same thought.

Adam X- Please explain to me how a minor can enter into a landlord-tenant relationship (parents: landlord, minor offspring: tenant) when minors, as a general rule, can not enter into contracts. :\

Minor children living with their parents are not tenants of their parents.

It sounds to me that this is a matter that would best be dealt with by the local children/family services in the original poster's jurisdiction, but as a matter of practicality, he'll be 18 in a couple weeks and would probably be best off on a personal level if he saved money, found a friend who has a spare room or couch and got out of an environment in which, irrespective of the law, he was no longer welcome.
 
This is an interesting question. Once you turn 18, in most states-your parent can ask you to leave. (If your parents are divorced, many of the child support decrees provide for care past 18, often until 21-which means you cant be tossed until then- if your parents are divorced-id start by getting the court order or settlement-its always worth a shot)


assuming no divorce and the state age of majority is 18-your mother is not allowed to physically remove you. She would have to file an eviction action.

in Florida and NY, (and I assume many other states as well) they have expedited summary procedures, where you mjust answer within a VERY SHORT TIME after getting served (in Fl, its 5 days) but still you can delay it a while by filing an anwer.

your response which should say ANSWER in bold should also say (IF true, i could never advise you to say anything not true) "I am the son/daughter of the person seeking to evict me. My parent promised that if I performed certain chores I could stay until [whatever REASONABLE age was promised to you, i.e-21). I Ask the court provide me a trial.

If the court gets this answer, there is a good chance you get a trial (much more delay) and maube even win or maybve the case gets transferred to the family division which has way better things to worry about then your mom's eviction.


The key thing is that without a court order, your mom can not force you to leave. (You actually could sue her if she changes the locks.) But as one poster pointed out, DO NOT keep drugs around because she could call the cops and you are FUCKED if they find drugs, period. Not only will you be out of the house, the state will be providing you with housing.

What state/city are you in?
 
I'm curious, do you actually have any professional legal experience?

Adam X- Please explain to me how a minor can enter into a landlord-tenant relationship (parents: landlord, minor offspring: tenant) when minors, as a general rule, can not enter into contracts.
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In California (and most states), a person is considered to be a resident of a property if they have lawfully resided there more than 60 days. There does not need to be a contract or other agreement on paper for the person to be legally entitled to all the protections afforded renters under State law.


X
 
i'm not a lawyer or anything, but it seems to me that she would have to pay for your living and eating and such. your still her responibility until your an adult. w
 
Adam X said:
I'm curious, do you actually have any professional legal experience?
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Oh, I'm sure you are. :|

This is entirely off topic and has been dealt with in another thread in which many of our regulars participated, but I have four years experience working as a legal assistant in Florida (primarily in trusts, estates, contracts and real estate and simple landlord/tenant matters) which is how I paid my way through most of college. I also have taken courses in business law and other pre-law courses as an undergraduate. I now temporarily work in real estate because I relocated from Florida to California, am making more money and am saving money for law school.

Back to the question, please.

Is it the case that a landlord-tenant relationship exists even IF one party NEVER paid rent to the other or provided other household services in lieu of monetary rent (as is probably the case here)?
 
WAS said:
happy b-day guy
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the dude is getting kicked out of his house and you have to tell us when your b-day is? WAS-- i applaud your kindness.

back on topic---------- make it difficult, like an above poster said. file countersuit, and drag it out as long as possible. also, maybe look for a job and move out-- your mom sounds mean anyway.
 
This is entirely off topic and has been dealt with in another thread in which many of our regulars participated, but I have four years experience working as a legal assistant in Florida (primarily in trusts, estates, contracts and real estate and simple landlord/tenant matters) which is how I paid my way through most of college. I also have taken courses in business law and other pre-law courses as an undergraduate. I now temporarily work in real estate because I relocated from Florida to California, am making more money and am saving money for law school.
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Ok, thanks. I was just curious, really. It seems a lot of people here give a lot of unqualified advice on things they know nothing about or have very little experience with. I'm not saying this is the case with you, I was just wondering if you had an actual legal background to base your advice on. No hard feelings, really.

Is it the case that a landlord-tenant relationship exists even IF one party NEVER paid rent to the other or provided other household services in lieu of monetary rent (as is probably the case here)?
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In many states, all rights which are given to renters are given to any person who has lawfully resided at a property for more than a set period of time, in the case of California this period is 60 days.

Example:

A person (John) is paying rent to a landlord. He allows a friend (Ed) to move in free of charge. Ed has lived there for 6 months when John decides to move out. Ed stays. The landlord must evict Ed in the same manner in which he would evict John or any other rent-paying tenant, even though Ed has not paid any rent and is not on the lease. Ed of course would have less ability in court to fight this eviction, but the landlord would nevertheless be prevented from locking out Ed until the eviction was finalized. This is why landlords often insist (California Civil Code section 1941 requires a tenant to notify the landlord of any changes in residents) that every person who is over 18 who resides at a property be listed on the lease.


X
 
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I'm curious tho, what if John and Ed had an explicit agreement between the two of them that Ed was merely a guest. Let's also cut the time down living in the apartment to 90 days. Then let's say that John wants him out because he suspects Ed is stealing from him. And, Ed is a minor.

Do the same protections exist here?
 
again, not a lawyer, but i still can't get passed the fact that this mother can legally evict her minor child. ofcourse this changes in a few days i know. but just to kill a cat, can a mother/father evict a minor child.
just seems that they have the responsibilty to raise the child.
what if a mom wanted to evict her 2yr old.........
 
This is a really strange case when you look at the Texas statutes.

Under Section 101.003 of the Family Code, you are a minor if you are under 18yrs. of age.

Under Section 261.001(1)(K)(4)(b)(iii) of the Family Code, neglect is defined as, "The failure to provide a child; food, clothing, or shelter necessary to sustain the life or health of the child..."

Under Section 22.041 of the Penal Code, defines the crime of abandonment or endangerment as being applicable to a child 15 years of age.

It would seem that your mother could kick you out and not commit a crime, only a violation of the Family Code, which means her parental rights could possibly be removed. 8)

Minors, generally, cannot enter into contracts. However, there are exceptions in the case of the minor contracting for a "necessity" or to purchase something of little value, such as a candy bar.

Assuming housing is considered a "necessity" in Texas; your leasing agreement with your mother is valid and enforceable. Eviction notices must be given on at least a 30 day written notice. In some states, the 30 days would fall at the end of the next month past 30 days. E.G., 30 notice given on Jan. 15th, would carry over to Feb. 28 (unless it is leap year), not Feb. 15th.

Good luck dude.:)
 
I'm curious tho, what if John and Ed had an explicit agreement between the two of them that Ed was merely a guest.
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Then, assuming this was a lawful contract, this would superceed his "60 day resident" rights since he would be specifically waiving these in the contract.

Lets also cut the time down living in the apartment to 90 days. Then let's say that John wants him out because he suspects Ed is stealing from him. And, Ed is a minor.
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Well if there was a lawful pre-existing contract that Ed was a guest only then he has expressly waived his rights. In all other circumstances, where a person has not expressly waived their right to these protections a formal eviction must be undertaken. Now if Ed was a juvenile (a minor is a person under 21) this makes it a little more complicated. If Ed (mis)represented himself to be over the age of majority then the contract would most likely be valid, since courts have held that juveniles can be held to most contracts if they have willfully ommitted the fact that they are a juvenile for the purpose of entering into a contract. However, if Ed was a juvenile and John entered into the contract knowing this then the contract would not be valid.

About stealing, regardless of whether or not Ed is stealing from John, John cannot evict him without a formal eviction. John certainly has the right to pursue criminal action against Ed for the felonies (burglary, petty/grand theft) but this does not entitle him to kick out Ed without affording him due process.


X
 
The irony to your situation is thus:

1. Your mother takes you to that "leviathan" that most people refer to as Wal-Mart...(They will, some day, rule the US), and she tells you to go in the store and buy a Frisbee and she leaves you there.

2. She leaves you with the intention to never allow to you to re-enter her home; thereby, neglecting you under the provisions of section 261.001 of the Family Code.

3. Having been neglected by dear old mom, the child services dept. could remove you from the custody of mom and place you in a foster home or whatever program is available for neglected juveniles in Texas.

4. The room and board at your "protective custody" home would afford you with "three hots and a cot", for FREE!! (Well, nothing is free...)

5. Your mom, (this is the cool part) would be liable to pay the State of Texas child support. SHE would end up paying for your up-keep.

6. Should she choose not to pay the child support, she could potentially be placed in jail for intentional non-support.

7. You could send your mom to jail! Texas rocks!

Seriously, good luck.:)
 
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