Canmy wifekick me out of our rental?

I live in a home that my wife and I rent from her parents with a verbal agreement. She wants me to leave the house. Can she or her parents legally make me leave this house while we are still married even though I recently got laid off and she would be making the rent payment?

Asked on March 17, 2011 under Family Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a verbal (or more properly, oral) agreement, then you and your wife are month to month tenants. A month to month tenancy may be terminated by the landlord (or by the tenant) on 30 days notice for any reason which does not violate the law (e.g. not because of race, religion, age over 40, sex, or disability). Your wife's parents therefore could give you 30 days notice that they will not rent to you anymore and you may not stay in the home; they may continue to rent to or otherwise allow your wife to stay, but could say they will not rent if you are there. So yes, your wife's parents, as the landlords, may discontinue your tenancy with proper notice and make you leave.


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