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He is kicking my 3 children and I out!!

I can't beleive this is legal.

Heres what happened. Since January, we have been seaprated. He has been living with a friend in the city. His friend cant afford his apartment anymore and is moving out. So this pushes my stbx out too. He told me since he is paying for us to live in this house he is moving in and kicking us out since I want a divorce.

 

I did call the police to see if it was legal. They said call a lawyer. I called lawyers. They said I must talk to the Land Lord and see if I can get him off the lease since he hasnt lived here in 7 months.

 

Well, I did that and here while I was still pregnant back in March, Our lease expired. He lied to the Land Lord and told them I was moving out!!! =0. So the Land Lord beleived him and took me off the lease without my knowledge. Is that legal?

 

I still was living there for 4 months. Now he is moving back next week. I keep trying to find a place to go.

I did set up Child support, my own acct. The problem is for assistance they want a address. I wont have one after this week. What do I do?


by Yankeegirl   13 Posts 
Posted on 7/25/2008 8:46 PM
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Answers for "He is kicking my 3 children and I out!!"  (8) (You must be logged in to answer)




Thanks for your comments everyone. And for clearing that up.

I'm working really hard to find a place. I have to now.
by Yankeegirl   13 Posts
Posted on 7/26/2008 8:54 AM
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oh, and if your stbx tries to physically force you out, and I mean lays a single finger on you that leaves a mark - call 911 and have him arrested for domestic violence...then go to court and get a restraining order...

guess who gets the rental then =)
by spaznskitz   3903 Posts
Posted on 7/26/2008 12:34 AM
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He had a legal right to have you taken off the lease since the old lease expired - he just didn't add you to the new one...

however, he can't put you out on the street - that is an illegal eviction. You have established residency regardless if you are on the lease - (proven by the mail you get) so he is going to have to go to the landlord to have you evicted. The landlord will have to go through the same channels as he would evicting anyone else.

 

Go talk to the landlord again - find out what his intention will be...is he going to put a mother and child on the street, or a jackass...since technically, your stbx is now probably in violation of the lease by having "unauthorized" tenants...

for child support, get a PO box...

by spaznskitz   3903 Posts
Posted on 7/26/2008 12:32 AM
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I'm not sure: but I don't think he can put you out on the street without an eviction notice. That takes time so stand firm until someone official tells you to go.
I've heard of people just moving into a building and paying nothing and they can't just be thrown out on the street.
How did he get the landlord to take you off the lease? Shouldn't you have had to sign something? I haven't rented in years so I don't know about that. See if the landlord can put you back on.
by trisha9054   1927 Posts
Posted on 7/25/2008 9:47 PM
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Well I think He'd have a pretty tough case proving himself since HE moved out, and you've been living there with your kids.  If I were you, I'd go to the courthouse and get some legal aid. Even though he's removed your name from the lease, you've never left that address, and can prove your residency.  HE can't, because he left, and how dare he put you and the kids out.  I don't think any judge would look kindly on what he's trying to do.  Work fast, though.  Put a stop to his crap
by elane   339 Posts
Posted on 7/25/2008 9:08 PM
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Hey, when one of us needs help, we put aside our religious differences.  We're here for you.
by 2much42long   949 Posts
Posted on 7/25/2008 9:00 PM
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Oh no. A Red Sox fan! =). Thanks for not holding it against me!
Yeah this just sucks all around.
by Yankeegirl   13 Posts
Posted on 7/25/2008 8:56 PM
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