Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 6 months ago

Renting room and eviction process?

I rent a room from my landlord she smokes alot an I ask her if she can smoke outside today she told me I can leave whenever I want to . Being that I get mail to the property she would have to evict me correct meaning we would have to go to court?

12 Answers

Relevance
  • 6 months ago

    Only have to go to court if you refuse to leave after being given proper legal notice to vacate.

    She said you CAN leave whenever you want. She didn't say you have to. If you do not like where you live, give notice and leave.

    • Login to reply the answers
  • 6 months ago

    You might be a tenant or a lodger, where some states differentiate the process for removing you against your will. Where you get your mail has nothing to do with this. You pay rent and it's your home, giving you statutory rights that vary by jurisdiction. In some places a lodger sharing quarters with the landlord can have their "license to enter" revoked and be removed by the police with one phone call. In other places, any resident unwilling to leave voluntarily would be owed official notice, a short period to get out voluntarily, then a court summons, a hearing, and eventually (if they lose) an order to the police to come remove you, with force, if necessary. Those records are public and stay with you for a very long time.

    • Login to reply the answers
  • 6 months ago

    Not if you both agree...

    • Login to reply the answers
  • Maxi
    Lv 7
    6 months ago

    What you landlord can do will depend on where in the world you are as laws are different ......... sounds like you live in the landlords home which makes you are lodger and in many places lodgers have far less rights and are easier to get out and you have ro rights about her smoking in her own home, you don't like it then give notice and leave or put up and shut up

    • Login to reply the answers
  • How do you think about the answers? You can sign in to vote the answer.
  • 6 months ago

    Are you saying she lied about her smoking in the house when you applied to rent the room? It is HER house you know. She has a right to live in HER house however she wants to. If you didn't want to live with a smoker, then why did you rent the room there? There's no way we can tell you the entire eviction process in a few words. You are unrealistic to expect that we can.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
    • Login to reply the answers
  • 6 months ago

    in most states, yes, it still needs a court order...but do you really want that on your record?

    if you don't have a current lease, you only get legal notice to get out before she files in court

    • Login to reply the answers
  • Judy
    Lv 7
    6 months ago

    Do you have a signed lease? When does it expire? Getting mail there does not give you rights.

    • ...Show all comments
    • Nuff Sed
      Lv 7
      6 months agoReport

      Getting mail there is only one indicium of "residence". If you moved in with the intent to live there (and not "go home" somewhere else), then you are IMMEDIATELY a legal "resident" when you move in. Whether you're a tenant or a lodger may vary by state.

    • Login to reply the answers
  • Anonymous
    6 months ago

    If you are paying rent you have the right to be on the premises. But you moved in the place knowing what you knew are you begging to be evicted is that what you want?

    • Login to reply the answers
  • Eva
    Lv 4
    6 months ago

    Since she owns the house, she can smoke wherever she wants. She didn't ask you to leave, she simply told you that you could leave. That's not an eviction. Getting mail there has nothing to do with anything.

    • Login to reply the answers
  • DON W
    Lv 7
    6 months ago

    Your note is confusing.

    She is not evicting you--she is saying she that she will not stop smoking, but that you can move out whenever you want.

    If all that is true, there is no need for the courts to be involved. The fact that you get your mail there doesn't matter. If you decide to move, you would give the post office a "Change of Address" form, which you can do on their website and your mail will be forwarded to your new address.

    • Login to reply the answers
Still have questions? Get your answers by asking now.