QUESTION
Can my landlord kick me out if I’m a paying tenant and have a newborn child?
Asked on Dec 01st, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
So my landlord’s brother whom owns the place I'm staying at is trying to tell me I have to leave today. Now here the thing we've paid 2 weeks before we even moved in and we just paid half of next month’s rent way in advance. Also I just had a baby whom is 1 week and 2 days old. I have nowhere to go either and this man says he doesn't care if we go on the streets. I just really want to know the law about kicking out a paying tenant who has a brand new baby.
5 ANSWERS
We need more details.? The landlord can, in non-rent controlled cities in California, give you a thirty day notice that the lease will not be renewed and you must move.? He can not kick you out without giving you notice,? if he is claiming that you have violated the lease by having an additional person living in the apartment now [which he would have known had he seen you in person] he still would have to give you a three day notice and the rental agreement would have to specify such limits.
Answered on Dec 05th, 2013 at 10:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
A landlord can terminate a tenancy on property notice, in your case that could be two weeks, but certainly not longer that one month. You situation and having an infant in residence does not make any difference. Plan to move.
Answered on Dec 05th, 2013 at 10:27 PM
Litigation Attorney serving Irvine, CA
at
Law Office of James A. Anton
Update Your Profile
Kicking out someone because of a new baby as the only issue is improper and illegal. If there is more to it then it may muddy the water. If rent paid in full and not past due then they can't kick you out with no notice. If you don't have a lease and they want you out then they must give you a 30 day notice to end tenancy if you are a month to month tenant without a lease. If you have a lease then as long as you timely pay rent they can't end your tenancy prior to the end of the lease term assuming there is a fixed term in the lease. If lease is a month to month tenancy then they can end your tenancy with a 30 day notice to end.
Answered on Dec 05th, 2013 at 10:27 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
He cannot simply kick you out.. He can cite you for breaching the lease (I assume because of noise) or simply terminate your lease if you are on a month to month term, but this requires that he give you a 30 day notice to vacate, and sue you to evict you if you do not vacate in that time.
Answered on Dec 05th, 2013 at 10:26 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
No, he has to give you the notice provided in the lease and then he has to bring an eviction action. However, if you have not breached the lease, the landlord has no basis for eviction. If there is no written lease and you have not violated the terms of the oral lease, then at least a 30-day notice to vacate would seem necessary.
Answered on Dec 05th, 2013 at 1:57 AM