Can my mom just kick my husband out and throw his stuff on the sidewalk without a Eviction?

by **wilbart** » Wed Aug 01, 2012 6:40 pm

Me and my husband have been living with my mom for 2 years now and she just decides to kick him out and throw his stuff in bags and on the sidewalk. And now he has been staying with friends until my mom will let him back in but she keeps telling me she wont. Can my mom do that with out going and getting a eviction? He is in the process of looking for a job to help pay for everything. My mom owns the house and noone but her is on the lease.

by **eadweald71** » Wed Aug 01, 2012 6:43 pm

if he doesn't have any bills in his name or have mail coming to that address......then he technically doesn't live there.
If he has his mail forwarded to that address then that's his residence, and he can go to the county court and file a protective order between himself and your mom, and your MOM would have to leave the primary residence.

by **gall** » Wed Aug 01, 2012 6:44 pm

This is so tricky. Legally, I don't believe so, she has to give notice (if he is paying). If you had an agreement, and you are a witness to that agreement, she'd be liable for a breach of contract. Ask yourself this though: 1) Did he pay a deposit 2) Did he put anything or invest in the home? 3) Does she have a good legal reason to kick him out.

But more importantly because this is your mom, do you really want to get in the middle of that fight? Just make a mental note that your mom isn't the most compassionate and support him and be apologetic.

Personally, I think it is cold that she did so. However, I really dont think you would want that kind of battle.

by **elton** » Wed Aug 01, 2012 6:52 pm

Wait a minute. Does she own the home or lease it? You say both there at the end.

But in the real world he is a visitor and so are you. If you had the money to fight this in court you should use it to get a place of your own.

by **burdett** » Wed Aug 01, 2012 7:04 pm

He has been in the process of looking for work for 2 years to help your mom pay the bills?

Your mom deserves a medal - I would have tossed him within 6 weeks. And I am sure there was no arbitrary decision to just toss him one day. I feel sure there has been plenty of discussion about how much you both cost her, and the need for you both to get a job.

If your mom owns the house, there is no lease.

You have a choice - stop supporting your husband in his thus far successful attempt to be a deadbeat, or get out and join him.

by **piaras91** » Wed Aug 01, 2012 7:14 pm

no she cant do that with out an eviction

by **jarel** » Wed Aug 01, 2012 7:16 pm

no she cant do that with out an eviction

If your mom owns the house, then there is no lease.

Unless your husband has been paying rent, he is not a tenant, he is a guest. In that case landlord tenant law does not apply and she can kick him out. I doubt this was sudden, unless he suddenly became abusive to her.

Really, two YEARS? Get off your asses, rent a room someplace and support yourselves. Get temporary jobs, work in the fields, whatever it takes to be the responsible adults you should be. Has your husband in the process of finding a job for two freakin' years? Has she supported you both that entire time? Grow up. When you get married, it's saying you are independent and able to care for yourselves, not have mommy have another person to support. I can understand reasons for moving in, but you should have been paying your own way.

You should move out to and let your mother enjoy her senior years.

Joe doesn't know squat about the law and she cannot be forced to leave her own home.

Edit: It doesn't matter if she has other people there. Your husband must have done something to get kicked out and she is a saint for putting up with him for that long. If you want to be with him, move out. Your mom sounds like she knows better than you what is good for you. He sounds like a lazy bum and so do you.

by **joachim** » Wed Aug 01, 2012 7:21 pm

She probably can, and even if she can't it's a fight you can't win. Even if you win, it's a huge personal mess.

However, you need to take your husband's side on this if you want to stay married. Ask your mom why she kicked him out (do you know)? Then let her know that if he's not welcome in her home, then you can't stay there either.

It's a hard decision, but she's making you choose between her and your husband. Good luck!

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