Canmy wifekick me out of our rental?

UPDATED: Mar 17, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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