Can my boyfriend kick me out on a whim?

[acmb05]

That's not correct.

A tenancy is not created by a specific length of time. It is based on the intentions of the parties. She could have lived in the house for 50 years, but if the elements of a tenancy are not present, then she is just a social guest who can be kicked out with no notice.

That is sooooo wrong on so many different levels

 

[CameronNewport]

Cameron... I take it you lived in Biloxi and completely understand how it works there with the Good-Ol-Boy system!

I've went to college there on the coast and I could not kick out my roommate whom was not on the lease.

Nope, I have never set foot in Mississippi. Nonetheless, I know a little bit about the law and what constitutes a tenancy. Good-Ol-Boy system or not, a tenancy is not automatically created after 30 days (and what would such a law, or lack thereof, have to do with the Good-Ol-Boy system anyway?).

 

[applecruncher]

I've went to college there

You've went to college there? Guess you skipped grammar.

 

[Alaska landlord]

Nope, I have never set foot in Mississippi. Nonetheless, I know a little bit about the law and what constitutes a tenancy. Good-Ol-Boy system or not, a tenancy is not automatically created after 30 days (and what would such a law, or lack thereof, have to do with the Good-Ol-Boy system anyway?).

I disagree, but will leave it in the capable hands of others.

gotta go.

 

[CameronNewport]

That is sooooo wrong on so many different levels

Really? Name one "level." I'd appreciate a legal citation rather than your uninformed opinion of what you think constitutes the law.

For my part, I'll just point you to the following thread...

https://forum.freeadvice.com/showthread.php?t=403278

...where I already answered this question and provided case law to back my opinion there. I won't bother re-researching the issue.

 

[ecmst12]

In a totally different state and a totally different situation. There is nothing here indicating that the elements of a tenancy would not be met nor that this state even differentiates between a tenant and a "licensee".

 

[CameronNewport]

In a totally different state and a totally different situation. There is nothing here indicating that the elements of a tenancy would not be met nor that this state even differentiates between a tenant and a "licensee".

I didn't conclude anything about whether the elements of tenancy were present in this case, but I assure you that MS differentiates between a tenant and a licensee. It's common law and is basically the same everywhere.

 

[acmb05]

I didn't conclude anything about whether the elements of tenancy were present in this case, but I assure you that MS differentiates between a tenant and a licensee. It's common law and is basically the same everywhere.

The person asked OP to move in with him. If he had stated that she could stay there for a month while she waited for another place to be availaable then he might be able to just kick her out. He clearly did not intend for it to be a temporary situation in the OP's case.

 

[CameronNewport]

The person asked OP to move in with him. If he had stated that she could stay there for a month while she waited for another place to be availaable then he might be able to just kick her out. He clearly did not intend for it to be a temporary situation in the OP's case.

I'm not going to argue the facts with you. As I tell Zigner all the time, we know next to nothing about the facts, so it's ridiculous to speculate. All we can do is provide the law and say "maybe this" or "maybe that."

That said, "temporary" has nothing to do with it. A person could be a tenant for a month, or a licensee for a year. I can point you to a case where a girlfriend was deemed a licensee, rather than a tenant, after living in her boyfriend's house for 5 years (that was an Iowa case I believe).

The law is not simple, and you cannot possibly pick it up on the fly by using Google.

To you, I suppose a tenant is just somebody with a contract. To a lawyer, a tenant is somebody with a leasehold estate, and his right to possess the property is superior to all others (including the landlord) during the duration of the lease. A leasehold estate is an actual interest in property, just as a fee simple or life estate is an interest in property. Property interests must be intentionally conveyed from one party to another. People don't just stumble into tenancies. When a landlord conveys property to a tenant, the landlord is giving up his right to possess the property in favor of the tenant for the specified period of time. For all of the above reasons, landlords cannot enter rental units whenever they feel like it, and tenants must be evicted in court when they breach their leases.

A licensee is a guest with no right of possession and no interest in the property. As a license holder, he is permitted to be on the property only until his license is revoked by the person with lawful possession (for example, a tenant). Such a license can be revoked at any time and for any reason. If a licensee does not leave when his license is revoked, then he becomes a trespasser. At no time does the person with lawful possession ever give up his right to possession in favor of the licensee. For all of the above reasons, licensees cannot prevent the person with rightful possession from using the property (as a tenant could a landlord), and licensees do not need to be evicted in court when their licenses are revoked.

If there were no distinction between a licensee and a tenant, then you would either have to formally evict your buddy in court the next time you invite him to watch the Super Bowl and he doesn't want to leave, or your landlord could kick you out of your apartment on a whim whenever he feels like it. Since neither situation is acceptable, you can see that there absolutely must be a distinction between a licensee and a tenant.

 

[Ozark_Sophist]

Another example of CameronNewport trolling.

You have yet to demonstrate any ability to reference supporting evidence for any of your bizarre and erroneous belief. OP is from Mississippi. Title 89 Section 8. Look it up. You will not find what you are looking for.