Eviction Notice- occupant not primary resident

[Asif Noor]

Hi, I rented an apartment in 2010 where I lived in with my parents. I moved out in 2012 but my parents are living there since then. I pay the rent but live in a separate house now. I just got a notice that since I'm not the occupant, my parents have to evacuate the house. Do I have a legal ground to defend this eviction.

 

[army judge]

Do I have a legal ground to defend this eviction.

I don't see any basis upon which you could successfully defend the eviction, OP.

The mere filing of an eviction action can haunt you and curse your existence for decades, along with a negative impact of 200 to 300 points against your FICO.

ATTN: For other responders, the OP is posting from or near Plainview, NY.

 

[mightymoose]

You can't stop the eviction, but they can't be forced out without an eviction. You don't want that to happen. They should leave as soon as possible.

 

[adjusterjack]

I just got a notice that since I'm not the occupant, my parents have to evacuate the house. Do I have a legal ground to defend this eviction.

There is no eviction yet. It's only a notice of termination of a tenancy at will. Perfectly legal. Nothing to fight. And you certainly don't want an eviction through the court.

Though I suggest you talk to the property owner and see if he is willing to keep your parents as tenants if they sign a lease.

 

[zddoodah]

Do I have a legal ground to defend this eviction.

Depends on the terms of the lease. Most residential leases I have seen prohibit anyone other than the person(s) named on the lease from occupying the premises for more than X straight days or more than Z days per month. So...what does your lease say? Also, what does "not primary resident" mean in the subject header of your post?