i have been living with my man and my 3 kids for 5 months, he has been verbally abusive to me and i can't take it. he is from pakistan and iam italian. last night i cursed him out and punched him in the lip. it felt so good, now he told me to move out, but i have no where to go. the lease is in both of our names, can he throw me out, or does him or the landlord have to take me to court if i don't pay this months rent..i have two months security deposit.when i got the apartment, i paid the money with my check book and i have all reciepts, but my boyfriend gave me the money to write out a check, is it still valid to my part
2006-12-21 05:00:41 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
hey girl, don't feel bad he or the landlord cannot throw you and your children in the street, the landlord must take u to court when you have resided in an apartment for more than 30 days. and as for the checks they were issued and given to the landlord with your account, there is no proof that he gave you that money, also if he tried to take you to court for the money you could say it was a gift..
2006-12-21 05:05:49 · answer #1 · answered by Anonymous · 0⤊ 0⤋
He or the landlord cannot kick you out immediately. There should be a notice time frame for terminating your joint tenancy. You should be able to find this out by contacting your local residential tenancies branch (or something sounding like that) they can advise you of your rights as a tenant.
They can also however, advise him of his rights. The abuse you subjected him to could be interpreted as "unbearable living conditions" and an order of possession in his favour could be granted, however a hearing would likely have to be held, which could give you sometime to find a new place.
I WOULD be careful how much you push this character though. Since you admit to hitting him, it is possible for him to get a protection order against you barring you from attending at his work, church, and place of residence, which could leave you out on the street in a heartbeat or risk being arrested.
He's obviously an A** and the relationship is going no where so I would suggest looking for new accomodations as soon as possible and just try to be amicable in the meantime.
2006-12-21 13:52:38 · answer #2 · answered by elysialaw 6 · 0⤊ 0⤋
If both him and you are on the lease no he can't just take him to court and sue for 1.)the place you've got 3 kids you need the place and you've got the proof you paid. you should win aslong as the judge has a heart and the 2nd thing is 2.)pain and suffering/mental angish pain and suffing of the abuse and mental angish for the abuse. But for right now move in with a family member to keep you and your kids safe. And if he was the one working and you didn't work at the time (you lived together) sue him for spousal support but you can only win aslong as he makes more money than you (now) if you make more and you try sueing for spousal support than you won't get it.
2006-12-21 13:14:56 · answer #3 · answered by Gabby 2 · 1⤊ 0⤋
There are two separate issues here that tie in with each other, domestic violence and eviction. As for punching him, depending on where you live you could be automatically arrested, no questions.
As for threatening to kick you out, he can (regardless of who paid what). Your hitting him breaks the contact with him and the landlord as you have created an inhospitable environment. He can plead his case to the landlord and have you removed from the lease agreement and (again depending on location) then serve you with a three day eviction notice.
I would seriously consider making nice with him.
2006-12-21 13:17:35 · answer #4 · answered by boredperv 6 · 2⤊ 0⤋
He doesnt have the right to kick you out because you hit him. HOWEVER there are things that he can do to have you kicked out because you did abuse him, Such as a Protection fropm Abuse order (PFA). I suggest you talk to the landlord and tell him what has been going on maybe he will let you out of the lease or allow you boyfriend to redo the lease by himself so that you are not responsible.
2006-12-21 14:59:05 · answer #5 · answered by elephantfun 3 · 0⤊ 0⤋
He has to give you 30 days or whatever the statue is in your state. Some are 2 weeks but in no way should you leave. You have the kids and nowhere to go, why would you go? You make him go. The Arab men often are abusive not so much because they are bad people but because in their culture women have no value.
2006-12-21 13:08:24 · answer #6 · answered by Brianne 7 · 0⤊ 0⤋
I wouldn't worry about losing your kids, thats ridiculous. You have just as much right to ask him to leave if he is abusive verbally, why should your kids have to witness that??
Stand firm and don't leave, pay the rent with checks to keep records, checks are legal receipts. Best of luck.
2006-12-21 13:12:35 · answer #7 · answered by Maria b 6 · 0⤊ 0⤋
I would call the police and tell them what has been going on.
I know that it is hard to do that to someone u "love".
Call a family member to go pick u up or take the car and go to a hotel until u get the situation figured out!
2006-12-21 13:08:48 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You have the paperwork to back you, but you just admitted to abusing him, so he does have the power to boot you. If you hit someone, YOU are in the wrong. You could even lose custody of your kids if you go to court.
2006-12-21 13:03:49 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Legally, he can't throw you out. He CAN get you arrested for physical abuse, though. Talk to the landlord about getting him thrown out!
2006-12-21 13:10:50 · answer #10 · answered by paintmeblue719 5 · 1⤊ 0⤋