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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

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 AttorneyPages.com 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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