I live with my mother currently and got unemployed during the process. She constantly threatens to kicks me out but no affirmative action has been taken until last week, my sister told my mom I was gay and now she is really trying to kick me out. I am currently waiting for my income tax return and looking for a job so I can move out but the real question is can she really just kick me out or does the court need to get involved for this to happen? I have previously while employed have payed her rent but no documents were signed that I was a renter.
She can kick you out without a court order. The formal ceremony of her kicking you out is that she'd have to look at you and say, "Leave." However, if you don't leave, she could commence a court proceeding.
Here's an idea. Sit down with her. Tell her you respect her wishes, but that's it a tough time for you right now. Work together to pick a date and when that date comes, move out.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.
Lawsuit / Dispute Attorney
As a parent, your mother can kick you out at any time once you are over the age of 18. She can ask the police to remove you, but they may not want to get involved unless she claims she feels threatened. If you don't leave at her request, she can obtain a court order to remove you.
As a landlord, your mother can evict you on thirty days notice if you don't have a lease.
In any event, if you and your mother aren't getting along, you are an adult, and its probably time to leave.
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