I live in Housing Authority of Contra Costa in California and when me and my mom moved in me and her signed the lease because we were the only people above the age of 18. Now she is telling me that I have to move out and if I don't she is going to put my stuff on the front porch for free. My questions are 1.) Can she evict me or does housing have to give me a notice? and 2.)if so how long of a notice? 3.) Also can she legally put my stuff out like that? 4.) And if not how would I go about getting the stuff back. And finally 5.) Where would I be able to find the information I need.
2007-06-18 18:48:30 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
As far as I know because your name is on the lease she can not evict you. Also being over 18 means that if she did remove any of your property from the premise it could be considered theft. If you lock your door that would also constitute breaking and entering. In the event that she could try and evict you the standard 30 day notice would have to apply. Also check http://lalaw.lib.ca.us/calleghist.html or other California compiled law sites, they should have all of the information you need. Just remember as long as your name is on that lease anything she tries to do to you or your possessions can be considered a criminal act. Though a peacful resolution is always the better way to go, especially if you are the male in the situation because face it, gender bias does exist in the legal system. Hope this helps.
2007-06-18 18:57:36 · answer #1 · answered by Ryan B 2 · 1⤊ 0⤋
Is your name on the lease? I would go to the housing authority and ask them those questions. By law, you have 30 days to move in any event you get evicted. I think the landlord has to evict you, not your mom because your mom is not the owner of where you live. Your mom can put your things on the porch, but she would be responsible for losing your things. I hope that helped somewhat
2007-06-19 01:57:30 · answer #2 · answered by beckyschristine 5 · 1⤊ 0⤋
No, she cannot as you indicate you were over the age of 18 and signed the lease; therefore you are both legally liable and have the same rights to the place. It would be illegal for her just to lock you out and set your stuff outside. If she does, you can call the police.
She would have to try to evict you as a non-paying tenant through the Courts, which could take quite some time and she would have to do so through the Court system. As you are only 18 and she is your mother, they may be relucant to grant her eviction without plenty of notice.
If she sets your stuff out and it is taken, you can sue her in Small Claims Court for the items (provided you have receipts, but will only be allowed fair market value for the items).
2007-06-19 02:14:26 · answer #3 · answered by bottleblondemama 7 · 0⤊ 0⤋
Well if you don't pay rent she can evict you but it is a 30 day eviction notice. No she can not put your stuff out until your 30 days is up. You really should check with your housing authority.
2007-06-19 01:58:56 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Yeah your parents can evict you..
if you are not helping then SHAME on YOU
She has probably been telling you about this for a while.. and you are finally catching on.. What have you been doing to make your mom want to evict you for one...
YOur mom can legally put you out of her house with little or no notice...
If she throws your stuff out on the porch and the neighbors come and grab it.. there is NOTHING you can do to get it back, but EARN your own money and go buy the stuff!
IT IS LEGAL TO KICK YOUR KIDS OUT OF ANY PLACE
IT DEPENDS ON WHAT YOU ARE DOING AND WHAT SHE THINKS IS SO WRONG!
2007-06-19 01:58:29 · answer #5 · answered by Karla 3 · 1⤊ 2⤋
If your name is on the lease she can not evict you, only the landlord can. However, she can demand you pay your share of rent. Contact your state bar association and ask them for the number of the local legal aid society.
2007-06-19 03:34:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She can't evict youyour name is in the house too.And if does anything i would take her to court.
2007-06-19 01:57:51 · answer #7 · answered by Adrianne R 5 · 0⤊ 0⤋
"Can my mom evict me"You can go to UCB your close to the ;bay area' I 'm sure they will help it sounds like it's right up their ally
2007-06-19 01:59:27 · answer #8 · answered by Anonymous · 0⤊ 1⤋
she cant evict you.. both your names are on there..
the landlord can evict you tho..
2007-06-19 01:52:58 · answer #9 · answered by Anonymous · 2⤊ 0⤋
nope...your name is on the lease......thats the agreement you made with your landlord..not her......
2007-06-19 01:59:15 · answer #10 · answered by niki g 3 · 1⤊ 0⤋