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breanna2009 · Nov 17, 2010, 03:03 PM

Recently my sister has kicked me and my boyfriend out.
She is now telling me that because I have a month to month lease that I need to write a 30 day notice and that I will owe her for next months rent. I believe she is also doing welfare fraud because when we moved in she did not tell the state of Minnesota which gives her food stamps and cash assistance. She also didn't tell the official landlord that we were living there. What shall I do?

ballengerb1 · Nov 17, 2010, 03:48 PM

It is your sister who has to giev you a 30 day notice, not the other way around. Since she is in violation of the law you do not owe her any rent since you have been illegally evicted. However, even though you may have a legal right to stay for another month and pay rent it would be really uncomfortable for all of you, why would you want to? I'd just walk away

breanna2009 · Nov 17, 2010, 03:58 PM

Thank you

Stranded1 · Nov 18, 2010, 03:08 PM

If you have moved out, there is nothing more to be done. First, you are not on the lease so she is unable to legally evict you for any reason. She would have to notify her landlord of the situation and the landlord must be the one to evict. Most likely, she would be the one facing eviction. Second, you do not owe her any money. Even if you were behind on paying rent to her, she would have to file a civil complaint with the courts to obtain a judgment requiring you to pay restitution. She would have to fill out the paperwork and pay the court money in order to have you served with a complaint, and it doesn't sound like this is something she would follow through on.

I would just let the whole thing go. In time, this will be nothing more than a memory. Good luck to you all!

AK lawyer · Nov 18, 2010, 05:21 PM

Originally Posted by Stranded1

If you have moved out, there is nothing more to be done. First, you are not on the lease so she is unable to legally evict you for any reason. ...

I think this was a moot question because the OP has moved out. But this part of the answer is, in my humbile opinion, incorrect. A tenant can evict a sub-tenant.

Stranded1 · Nov 18, 2010, 05:31 PM

For the most part, it is indeed a moot question. I should have further clarified that I was speaking of Ohio law. In my state of Ohio, what I stated was and is absolutely correct.