this post was submitted on 10 Aug 2024
86 points (84.1% liked)
Asklemmy
43858 readers
1688 users here now
A loosely moderated place to ask open-ended questions
Search asklemmy ๐
If your post meets the following criteria, it's welcome here!
- Open-ended question
- Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
- Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
- Not ad nauseam inducing: please make sure it is a question that would be new to most members
- An actual topic of discussion
Looking for support?
Looking for a community?
- Lemmyverse: community search
- sub.rehab: maps old subreddits to fediverse options, marks official as such
- [email protected]: a community for finding communities
~Icon~ ~by~ ~@Double_[email protected]~
founded 5 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
TL;DR You are almost certainly a tenant and have the rights of a tenant, but common sense says you should respect your mom's wishes and not give out her address online.
Because I'm annoyed that people assumed I was wrong and that you must be in some other jurisdiction, I've dug in deeper and I'm going to give 4 specific examples for jurisdictions you might live in based on your use of "OWI".
Wisconsin - an adult child is a tenant, and must be formally evicted. Source
Michigan - an adult child is a tenant, and must be formally evicted. Source
Iowa - an adult child is a tenant, and must be formally evicted. Source
Indiana - an adult child is a tenant, and must be formally evicted. Source
These are the 4 states that commonly use OWI instead of DUI (technically Wisconsin uses something slightly different but I think they commonly say OWI - this source lists these 4 states, while this source has a full list of the specific legal terms for every state).
Your mom could evict you for breaking her house rules, but she can't just immediately throw you on the streets. She has to serve proper written notice and go through the courts to get you evicted.
In practice, it might be hard to enforce these rights, but they are your rights. If your mom kicks you out or changes the locks the police should be called to mediate your entry. At the very least you should be able to collect some belongings eg clothes, toiletries, legal documents (birth cert and SSN card). Furthermore, if you are unable to properly assert your rights as a tenant, you likely still have a strong civil claim - you would be able to sue your mom for an unlawful eviction and claim back what you spend on last minute accommodation.
However, it's generally better not to get kicked out in the first place - in particular you need up front money to pay for last minute accommodation and the cost of filing a lawsuit. Such a lawsuit may be small claims, where the filing fees are relatively low and you don't need a lawyer, but the specifics of this vary by state much more than adult child tenancies (for example, Iowa is up to $5,000 for small claims, but Wisconsin can be up to $10,000 for money and Wisconsin has no limits on rent claims).
Disclaimer: IANAL - I Am Not A Lawyer, if you want proper information you should try to get a free consultation with a lawyer local to you that deals with tenancies.
Setting aside all the legal stuff, you should consider what your behaviour looks like to your mom. If you want to demonstrate that you're a responsible adult that should be trusted, you probably shouldn't be trying to "take your chances" and circumvent your mom's rules. She doesn't want random people knowing her address, so don't give out her address to random people you meet online. You would be better off meeting them in a public place with other people around, but at the very least you could meet on a nearby street rather than letting them come all the way to your mom's.
In the US you've gotta be formally evicted if you've been somewhere for X days. I've read it's different in the UK and that if someone isn't paying you don't have to evict them, but I'm not sure about adult children at home in the UK.