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  1. #1
    joey-o is offline Junior Member
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    in danger of being "evicted" by parent?

    What is the name of your state (only U.S. law)? NJ

    I'm a 22-yr-old college graduate, living at home with my parents while I search for full-time employment. My mother and father both own the house equally.

    Lately, my mother been threatening to essentially kick me out; my father, however, does not want that to happen and has been fighting her on the issue frequently. My question is, since one owner of the house does not wish to evict me, can the other owner still force me to leave?

    Thanks in advance for any insight.
  2. #2
    Baranov is offline Member
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    These are your parents. Stop doing whatever it is that you are doing and your Mom will stop trying to get rid of you.
  3. #3
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by joey-o View Post
    What is the name of your state (only U.S. law)? NJ

    I'm a 22-yr-old college graduate, living at home with my parents while I search for full-time employment. My mother and father both own the house equally.

    Lately, my mother been threatening to essentially kick me out; my father, however, does not want that to happen and has been fighting her on the issue frequently. My question is, since one owner of the house does not wish to evict me, can the other owner still force me to leave?

    Thanks in advance for any insight.
    Technically .... no...

    They BOTH would have to PROPERLY serve you notice to vacate...
  4. #4
    alex468 is offline Member
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    Is this a family issue or a legal issue and do you want it to be one or the other?

    Do you pay rent to your parents? If you pay with rent with a monthly check and no lease then it might be a legal issue: I think your mom can give you 30 days written notice and then you'll have to leave or she can begin the eviction process. On the other hand, I think your dad could give you a written notice that your mom's notice to quit is invalid. What fun.

    Here's a sneaky and horrible thing to do to your mom: sign a lease with your dad for a tiny amount of rent...maybe $1.25 per month? You think you can manage that? That will give you a lot of legal protection. Of course, maybe it will trigger a divorce between your parents, but you don't seem to care very much about their relationship.

    If you don't pay rent and you don't want to then it doesn't sound like a legal issue to me. You're over 18, so your mom can lock you out and your dad can let you in. Enjoy your 20s.
  5. #5
    Cvillecpm is offline Senior Member
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    You are not a TENANT. You are a guest or invitee....get a job and move in with friends, roommates and grow up!!
  6. #6
    joey-o is offline Junior Member
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    Quote Originally Posted by Baranov View Post
    These are your parents. Stop doing whatever it is that you are doing and your Mom will stop trying to get rid of you.
    Easier said than done. What I've been doing is defending my father, who is older, disabled, and is the victim of abuse from my mother. I've been dealing with this on several levels, namely APS and the police. My mother is angry because I've sought outside help. That's why she's been making these threats--she knows that if she hits him, I'll call the police or social workers again, and she doesn't want that hanging over her head.

    But that's a whole other story. My main concern is being able to stay at home with my father until this all gets sorted out. The two of us would just move elsewhere if we had the financial means, but his disability, SS, and my part-time job aren't enough to support both of us (finding full-time employment has been extremely difficult). He needs me right now, and we both need to know that I won't be removed from the household at a moment's notice.

    I'm going to see if my dad is game for signing a lease with me. Sneaky as it may be, it's a great idea.
  7. #7
    alex468 is offline Member
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    You might want to talk to a lawyer before doing that. A lease signed with only one owner under those circumstances for those reasons might be a document with a shaky legal foundation. Tell the lawyer your ENTIRE story instead of essentially telling a lie by omission like you did with us.

    You also might not want to ask another question here unless you give the relevant details about the situation in your original post. Some smart people here spend time helping others and the least you can do in return is give a complete story at the beginning to help us help you.
  8. #8
    Cvillecpm is offline Senior Member
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    Ditto Alex * talk to an eldercare attorney who knows the laws and what your father can do - give you poa, etc.

    Stop using the term EVICTION....you are not a tenant and can't be removed by the eviction process...without protection of poa, you can be removed by police at your mother's direction or a TRO placed on you so be prepared when you talk to an attorne
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by Cvillecpm View Post
    Ditto Alex * talk to an eldercare attorney who knows the laws and what your father can do - give you poa, etc.

    Stop using the term EVICTION....you are not a tenant and can't be removed by the eviction process...without protection of poa, you can be removed by police at your mother's direction or a TRO placed on you so be prepared when you talk to an attorne
    Except if dad says he can stay

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