If we are renting, can my father kick me out or does the landlord have to do it?

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If we are renting, can my father kick me out or does the landlord have to do it?

We rent our house; I am unsure if my name is on the lease. I turn 18 soon but my father wants to kick me out; my mom doesn’t want him to do that. I am just unsure if he can do this without consent of the property owner.

Asked on July 4, 2011 under Real Estate Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are on the lease, then you are a tenant of the landlord (the owner), and only he or she can evict you; and furthermore, if you are tenant of the landlord, you can only be evicted if you breached the lease or at the end of a lease term, if the landlord chooses to not renew your tenancy.

If you are not on the lease for the space, then you are either a subtenant of whomever is the tenant of the landlord (whoever is renting the premises) or you are a guest of that person or persons. That person or person may evict you.

If you are a subtenant--which would mean, by the way, that you pay rent for living there, such as paying rent to your father if you are his subtenant--you may only be evicted for nonpayment, for a breach of your sublease, or at the end of the lease term. If there is no written lease, only an oral one, then you may be evicted on 30 days notice--the tenant (e.g. your father) could decide to not rent to you anymore.

If you are a guest, then you may simply be given notice to vacate and you have to leave.

If you don't leave voluntarily when whoever has the right to evict you asks you to leave, that person then has to go to the courts to evict you--they can't simply change the locks.

If you are not yet 18, you can't be evicted by your parents until you are 18. If you're not yet 18, then it's almost certain you are a guest, since a minor cannot sign contracts, like leases.


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