Can my landlord evict me in 3 days ifI have children in my house?

I recently took my sister’s kids from her due to the fact that they were in danger from their father. I am not behind on rent but my 2 nieces and 2 nephews are not on the lease. This is the reason for the eviction.

Asked on October 27, 2011 under Real Estate Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, the landlord can only evict you for having people residing with you who are not on the lease in two situations: 1) if there is some limitation on the lease in terms of who can live there: e.g. the lease says only the named individuals can reside at the premises, or there is a limit on how many people total can live there, etc.; or 2) the number of people living there will violate code or zoning. But there are many situations where a landlord cannot evict for having additional people living in the premises; since this depends on the situation, you should consult with an attorney.

Second, if the problem is that you have too many people living with you, you can't be evicted in three days. The landlord first needs to give you a written notice to have the extra people move out, and at least some time to make that happen. Only if you fail to correct the situation can you be evicted.

Third, very few grounds for eviction allow eviction on three day notice anyway, and I'm not aware of any states that would allow eviction that quickly in this situation.

Fourth, remember that the landlord  himself can't lock you out--if he wants to evict you, he *must* go through the courts.

You therefore may have grounds to fight this; as recommended above, you should consult with an attorney. If you can't afford one, try contacting Legal Services. Good luck.


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