Throwaway account!
Just wanted some quick legal advice.
25M
Location: Massachusetts
I refused to go on a loan for my parents in a post I did in a separate subreddit and they told me to pack my boxes and to get out in 24hrs. They do not own the home but pay rent.
I’ve been helping with rent and have paid my fair for the first/last month in initial pay.
Can they kick me out overnight if they like? Or can I stand my ground and say I have at least a 10 day notice?
What if they destroy my belongings or harm me for refusing to leave?
Comments
They need to give you 30 day notice, written.
If they destroy your belongings or harm you—call the police immediately.
Are you on the lease? Regardless they’ll need to give written notice.
> What if they destroy my belongings or harm me for refusing to leave?
That’s the problem. The recourse for illegal eviction/damaging your property will be months down the road. It won’t help with your housing or property tomorrow.
You can call the police and they can strongly warn them what they’re doing is stupid, and remind them to let you in if they lock you out.
Why do you want to live with your parents at 25yo?
No, they can’t kick you out overnight, especially since you paid towards rent. They would have to give you a thirty day notice to quit. As for harming your property, that’s a civil matter possibly under small claims depending on value of damages. If they harm you physically that’s up to the police to determine charges.
Take a video and/or pictures of your belongings and their condition, especially anything valuable. If they do destroy or dispose of your things, this will give you a solid record of what you owned for proof to take to court.
I don’t know the specific laws for your area, but generally, you cannot just be removed overnight that is considered an illegal eviction.
Massachusetts is very favorable to tenants, which is what you are. You cannot just be kicked out. How much notice you have to be given depends on whether you are month to month or have a written, annual lease.
I would suggest doing some research on your rights. I do not know whether you would be considered living in a boarding house or treated as a regular tenant, it does make a difference, but in neither case can they kick you out with such short notice. If they do, you can contact the police for an illegal eviction.
You should either get a lawyer or see if you qualify for legal aid.
I am sorry your parents are treating you like this. I imagine you do want to leave as soon as possible, but on your appropriate legal terms, not theirs.
Best of luck.
https://www.mass.gov/guides/the-attorney-generals-guide-to-landlord-and-tenant-rights
At least they’ve made it abundantly clear that they don’t really depend on you to support the family, and almost certainly were going to never repay you the money they demanded that you borrow to support them.
Even if allowing you to live there without the approval of the property owner is a violation of their lease, they cannot remove you without advance written notice, and then a court order for eviction.
In practice, though, you should get out as soon as you can. Family members who want to control and exploit you are seldom restrained by the prudence that a professional landlord who wants to stay in business might show.
You mentioned in your other thread that you lease a car, but have allowed a sibling to use it as a way of supporting the household. Take that car with you when you go, even if you have to sleep in it.