Whatare my rightsif my roommate and I made a verbal agreement but now she is backing out of agreement and kicking me out?

My roommate made an agreement with me to watch her child to save her $400 per month. In return I would receive room and board, food and cigarettes to watch the child. Now she is disgruntled because of cigarettes and wants me out and will not allow me the time to find employment so I can find another residence.

Asked on August 26, 2011 Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so here are a few different issues here.  First, you have an employment agreement/contract which is verbal and not in writing.  So you would probably be considered an employee at will, meaning that you can be fired for any reason and at any time.  She may not under this analysis have to give you any time to find another job.  But I can see how if the room was tied to the employment a reasonable time to find a new living arrangement should be permitted. Have yo thought about possibly coming to an agreement to stop the smoking say in the residence or within 100 feet of the child?  That is not to say that you should take the kid to the park and walk 100 feet away to have smoke.  But the cigarettes are not good for the kid.  Who is on the lease? If you do not leave she may have to evict you.  But I would say that if you want to stay you need to make concessions.  Good luck. 


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