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

[gmdahootersman]

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!

[flyingron]

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).

[cbg]

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.

[Taxing Matters]

? 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 that’s 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?

[gmdahootersman]

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 that’s 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?

[Taxing Matters]

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.

[Catmad]

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

[gmdahootersman]

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?

[free9man]

I am asking can a landlord commit perjury against the tenant in a eviction proceeding?

Taxing has explained how perjury works above.

[llworking]

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.