Can a parent force an adult child to move out?
Question Details:
My father passed away last February and since my mother has been trying to force me out of my home. I'm 21 years old, currently on unemployment, and have been paying her monthly rent of $200 until I get back to work and find another living place. Today she decides that in 3 days she's changing the locks and I'll be out on the street along with my 1 year old Golden Retriever. Is that legal? What can I do? I've been living here for 21 years.
If you can prove you paid her rent, meaning you have some kind of receipts, your mother can not put you out without a Court Order as there is no right to selp-help in NJ. The question is "Can you prove you are a tenant?". Without any proof, your mother can say she allowed to stay there and it was not a landlord/tenant relationship.
Since you are an adult and have been paying rent you will be considered to be a "month-to-month tenant". The lawful way to remove you from the premises is to serve you with a notice to quit (typically 30 days). If you fail to leave at the end of that time she will have to go through the requisite procedures for eviction in your state. Once the court enters an order for you to vacate the property it will be enforced by the sheriff, using physical force if necessary.
What you need to do now is to speak with an attorney in your area. They will advise you on the correct procedures for all of this. If she fails to comply with these procedures she could find herself on the receiving end of a lawsuit for unlawful eviction. And changing the locks would be a good example of an illegal action.
Even if you can't prove that you paid rent, you still cannot just be locked out. Under the facts that you presented if you are not a "tenant" then you will be will be considered to be a "licensee"; that is someone who entered and remained on the premises with permission. Now that such permission has been revoked the lawful way to remove you from the premises would be to serve you with a notice to quit; the same as if you were a tenant. Then, all the steps for a lawful eviction would have to be followed. If they are not, then your mother is facing a suit for illegally removing you.
