QUESTION
Can she legally kick us out and what can I do?
Asked on Oct 22nd, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
My fiancé and I are renting a room for $200 dollars a week with our three kids. We have lived here for one year. She rents the place from a person who does not know she is renting to us. She is trying to say we have to get out tomorrow. All of our mail and everything comes here.
8 ANSWERS
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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She cannot forcibly remove you. She has to give written notice and then bring an unlawful detainer action.
Answered on Oct 24th, 2012 at 3:11 PM
Leonard A. Kaanta
In Michigan, she must give you a 30 day notice.
Answered on Oct 24th, 2012 at 3:11 PM
In the absence of a written lease, she and you are tenants at will who can be evicted by one-week notice followed by eviction proceedings in the local court, which could take about 30 days before you and your possessions could be physically removed by court-approved officers.
Answered on Oct 24th, 2012 at 3:11 PM
Steven D. Dunnings
She would have to go through formal eviction proceedings.
Answered on Oct 24th, 2012 at 3:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, but the best you will get is a delay in being forced out. You may be better spending your resources renting elsewhere and with an open relationship with the landlord.
Answered on Oct 24th, 2012 at 3:09 PM
Construction Attorney serving Bloomfield Hills, MI
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Law Offices of Jeffrey Z. Dworin
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Since you are in the room with the landlady's permission, you are not trespassers and cannot be evicted immediately. Unless you are past due on the rent, the landlady must give you a 30 day Notice of Termination of Tenancy. She can take you to court to get a judgment, which is usually scheduled 10-14 days after the 30 day period expires. Ten days later, she can enter an eviction order, and a court officer can forcibly remove you if you have not already moved.
Answered on Oct 24th, 2012 at 12:26 PM
What kind of parent furtively lives in a one-room apartment with three children? Shame on you! Frankly, you are trespassing, and it's questionable whether the police couldn't just throw you out. However, if I was the landlady, I would still file formal eviction proceedings against you, to avoid problems. You should voluntarily move out, though- I suspect if you force the landlady to go through the court system that CPS might be alerted, and the authorities would not be very pleased with your living situation. For your children's sake, please don't live the way you have been. You are setting a terrible example.
Answered on Oct 24th, 2012 at 12:25 PM
Kevin Elliott Parks
You almost certainly do not have to get out tomorrow. She has to follow a number of eviction procedures if she'd like you to leave. While your situation is no doubt complicated and many factors could significantly affect both the timeline of a move and your rights related thereto, it is likely that she would have to provide you with a proper written 60 day notice before even being able to proceed with an eviction proceeding in court.
Answered on Oct 24th, 2012 at 12:06 PM