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| I have decided to accept a job offer (same type of work, more money) but we are currently planning to close on house on 12-7. I will not start the new job until 12-10 but want to make sure this will ... |
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Natalee B | My friend & her children live w/her mom who is the sole name on the lease. Does my friend have rights to stay? |
we live in MN. My friend and her two children live in a two bedroom apartment for over a year now with her mother. Her mother is the only name on the lease. Her mother just had to go to the hospital and can not move due to illness. the landlord kicked my friend out, not letting her into the apartment to get her possesions, including her childs dipers. Can they do this? She has nowhere to go. What can she do? |
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Jay
 |
If her name was not on the lease, yes they can kick her out. The landlord cannot let her in to get her stuff because he doesn't know which stuff is HERS.
Even if he were to assume that the diapers were hers, he takes on liability by letting her in. He doesn't know what she would do once inside and he has a contractual obligation to protect MOMS stuff from theft or damage.
Once Mom is home from the hospital, she can let her daughter in to get her stuff. The landlord can't. |
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Lovin my Army Man
 |
They have to legally evict her!! since she has taken residence there. Lease or no lease!!
She can actually sue them for illegally locking her out of her residence. |
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N D
 |
check with legal aid - they would know how to help your friend. |
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Alterfemego
|
Yes the can do this. And she will need to seek assistance from the County. Are you putting her and her children up for awhile? |
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tonalc2
|
Did the landlord go through the eviction process, or did he just lock the doors? If so, he broke the law.
Is the rent still being paid by the mother? If so, there is no reason for eviction, unless it specifically says in the lease that no one else can live there. Even so, the landlord MUST go through the legal eviction process.
Your friend should notify the police. |
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vilma
|
It is written in my lease that I cannot let unauthorized people move in with me. So I signed that and I have to abide by what I agreed to in my contract.
I think the answer to this depends on what is in her lease that she agreed to.
Your friend should contact HUD or her local housing authority if she honestly doesn't have enough money to provide her children a place to live. There are government agencies to help people with children in a tight spot, for the sake of the children. |
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danny14551
|
The landlord has the legal right to evict her, not even really evicting her just kicking her out since she was never there legally in the first place. He can not hold her property but she will need a court order to get it |
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goz1111
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Your friend should try this avenue go down to the local police department bring any evidence she has to show that she had been living at the rental for a year irregardless if she is not on the lease, also any evidence that the landlord knew well before this that she was living in the unit will also help her,
see if the police agrees she has enough evidence to support a residency claim in the unit if they take that route then she can get a lock smith and get back in the place
if they will not take that route then court is required |
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doinou
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Your friend has a right to be in the apartment as long as it is with her mother's permission. If this is not ok with the landlord, they will need to take legal action or face being sued for wrongful eviction. |
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