Page 3 of 4 FirstFirst 1 2 3 4 LastLast
Results 21 to 30 of 31
  1. #21
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
    Posts
    202

    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Quote Quoting free9man
    View Post
    I answered it. Just because you don't like it, doesn't change the fact that it is the way it will go. Reason, false reason, now or later....this person needs to get out of that house and quit playing games.
    I wish you had done that in your first reply. LMAO!

  2. #22
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Please forgive me. I don't know why I had Oklahoma on the brain. Both the info on the notice and the determination if the landlord-tenant act apply that I was asking, are for Oklahoma law (which obviously does not apply here).

  3. #23
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Now, what if the landlord/parent chooses to give a reason, but the reason becomes false and the tenant/adult child denies the false reason? So, the landlord/parent is allowed to give a false reason, rather than no reason, for the eviction?

    Nothing changes. The parent can give a true reason, an untrue reason or no reason. The ADULT is still going to be out on his tushy sooner or later and the only option he has is whether it's going to be with an eviction on his record or without one.

  4. #24
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Are There Any Defenses Against a Parent Eviction for an Adult Child

    Quote Quoting gmdahootersman
    View Post
    ? So, the landlord/parent is allowed to give a false reason, rather than no reason, for the eviction?
    This only matters if the landlord is relying on some breach of the lease agreement for the eviction, e.g. nonpayment of rent, etc. The landlord does not have to give 60 days notice prior to eviction in those circumstances. Rather, the landlord simply needs to first demand that the tenant cure the breach (if thatís possible to do) by a certain date and if the tenant fails to cure by that date then the landlord may immediately start eviction proceedings. If the landlord fails to prove the breach, then the eviction will fail.

    On the other hand, if the landlord has given the 60 day notice to terminate the tenancy then the reason given by the landlord does not matter because the landlord does not need a reason to terminate the tenancy so long as proper notice was given.

    So what reason did the landlord give and is there evidence that the landlord has to support it?

  5. #25
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
    Posts
    202

    Default Re: Does an Adult Child Have Any Special Protection Against Eviction by a Parent

    Quote Quoting Taxing Matters
    View Post
    This only matters if the landlord is relying on some breach of the lease agreement for the eviction, e.g. nonpayment of rent, etc. The landlord does not have to give 60 days notice prior to eviction in those circumstances. Rather, the landlord simply needs to first demand that the tenant cure the breach (if thatís possible to do) by a certain date and if the tenant fails to cure by that date then the landlord may immediately start eviction proceedings. If the landlord fails to prove the breach, then the eviction will fail.

    On the other hand, if the landlord has given the 60 day notice to terminate the tenancy then the reason given by the landlord does not matter because the landlord does not need a reason to terminate the tenancy so long as proper notice was given.

    So what reason did the landlord give and is there evidence that the landlord has to support it?
    Can a landlord perjure a tenant by making a (knowingly) false reason on a dispossessory
    action?

  6. #26
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Does an Adult Child Have Any Special Protection Against Eviction by a Parent

    Quote Quoting gmdahootersman
    View Post
    Can a landlord perjure a tenant by making a (knowingly) false reason on a dispossessory
    action?
    I’m not quite sure what you are asking here. Perjury is a crime committed when knowingly making a material false statement of fact in sworn testimony given in a trial, hearing, deposition or other proceeding, or in certain documents (primarily government related documents) executed under penalties of perjury. If the landlord commits perjury in testimony in the eviction hearing and that can be proven the prosecutor could prosecute that. But the reality is that prosecution for perjury in this kind of situation is pretty rare, especially since proving beyond a reasonable doubt the person actually knew the statement was false rather than simply having made a mistake is often very difficult for the prosecutor to do.

    Rather, the usual way to deal with this is to prove the false statement in your eviction hearing. If the court is not satisfied that the landlord has proven the reason given for eviction then the court will simply rule against the landlord and not grant the eviction. Again, this only matters if the landlord did not give the 60 day notice and is instead relying on some breach of the lease to get you out.

  7. #27
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Does an Adult Child Have Any Special Protection Against Eviction by a Parent

    I'm pretty sure you can't "perjure" someone other than oneself. What are you actually asking?

  8. #28
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
    Posts
    202

    Default Re: Does an Adult Child Have Any Special Protection Against Eviction by a Parent

    Quote Quoting Catmad
    View Post
    I'm pretty sure you can't "perjure" someone other than oneself. What are you actually asking?
    I am asking can a landlord commit perjury against the tenant in a eviction proceeding?

  9. #29
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Does an Adult Child Have Any Special Protection Against Eviction by a Parent

    Quote Quoting gmdahootersman
    View Post
    I am asking can a landlord commit perjury against the tenant in a eviction proceeding?
    Taxing has explained how perjury works above.

  10. #30
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Does an Adult Child Have Any Special Protection Against Eviction by a Parent

    Quote Quoting gmdahootersman
    View Post
    I am asking can a landlord commit perjury against the tenant in a eviction proceeding?
    Instead of dancing around the topic why not just tell us the whole story so that you can get more complete answers based on your individual situation.

    1. Sponsored Links
       

Page 3 of 4 FirstFirst 1 2 3 4 LastLast

Similar Threads

  1. Modification of Support: Getting Child Support for an Adult Special Needs Child
    By lawfacts in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-08-2016, 09:04 PM
  2. Disability and Elder Law Issues: Creating a Special Needs Trust Instead of Paying Support for an Adult Child
    By Fubarbato in forum Disability and Elder Law
    Replies: 2
    Last Post: 10-06-2016, 04:37 PM
  3. Child Neglect: How to Keep a Parent from Moving a Special Needs Child to Another State
    By murry1999 in forum Abuse and Neglect
    Replies: 15
    Last Post: 06-23-2016, 10:08 AM
  4. Child Neglect: Special Needs Child Left at Bus Stop with No Parent Present
    By Rachaelfreed721 in forum Abuse and Neglect
    Replies: 7
    Last Post: 04-12-2016, 09:08 AM
  5. Custody and Visitation Issues: How to File for Visitation for a Special Needs Adult Child
    By Shadow10 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 09-03-2013, 11:09 PM
 
 
Sponsored Links

Legal Help, Information and Resources