Kicking out a roommate in winter against Kansas law?

[Fish9901]

What is the name of your state? Kansas


A friend of mine told me its against Kansas law to force someone to move out in winter.

Here's the situation:

He owns the house, his 'ex-wife' moves herself back in (which he wasnt happy about, but allowed anyway) about 3 months ago. There is no contract/lease/nothing. He doesnt require her to pay rent and nothing is in writing.

He told me she would be out soon, at the end of the month, yadda yadda yadda...she's still not out. He then tells me he looks into it, and turns out Kansas state law states he cannot kick anyone out of a house during the winter (presumably because its cold and the person may not have anywhere to go) States that he has to have papers served to her, 30 days to move out, if she doesnt move out, then a court date has to be set and such.

I searched all sorts of things regarding this, and while some of what he said was true, I can find nothing that says anything about not being able to kick a room mate out in the middle of winter.

So basically, can anyone confirm or deny this? And yes, I'm trying to discover if he's lying out his arse...this is step one, lol.

 

[dequeendistress]

So is he your boyfriend?

 

[robert.knepp]

So is he your boyfriend?

Hey I was gonna ask that! Not that it has anything to do with the answer.

 

[dequeendistress]

Sure, prove it. In my estimation it does apply to the answer.

It appears that an outside party, due to their self serving reasons, wants to know if another party can allow someone to reside in their home and use the excuse that they as the homeowner cannot kick out the other person in winter.

The answer to this question is clearly that the homeowner can and WILL legally tell others that he cannot "kick someone out in mid winter" if he as the homeowner deems appropriate.

 

[robert.knepp]

Sure, prove it.

Doh!

Anyway, if this 'no kick out in winter' law did not exist.. I would suggest to the 'ex-wife' to start packing... sounds like they're just causing problems anyway.

But alas, I do not know if this law exists. Sry.

 

[dequeendistress]

Robert

What?

 

[robert.knepp]

Sorry. quoted at wrong time.

quoted before you had edited your post.

 

[dequeendistress]

Robert.

No, it makes no difference as to when you quoted.

Please continue to read as I have quoted your post...
Anyway, if this 'no kick out in winter' law did not exist.. I would suggest to the 'ex-wife' to start packing... sounds like they're just causing problems anyway.
But alas, I do not know if this law exists. Sry.

It still does not make any sense.

 

[robert.knepp]

Robert.

No, it makes no difference as to when you quoted.

Please continue to read as I have quoted your post...
Anyway, if this 'no kick out in winter' law did not exist.. I would suggest to the 'ex-wife' to start packing... sounds like they're just causing problems anyway.
But alas, I do not know if this law exists. Sry.

It still does not make any sense.

Makes sense to me... but let me try this:

If the law the poster is asking about exists, then I have no idea what the poster would do.

but

If the law does *not* exist then this would simply be an At Will tenancy that could be taken care using a 30 day notice.

Does that make more sense? Heck, is that even correct?


P.S. One thing to note, I stare at this damn screen 12 hours a day and I sometimes type as I think. And my thoughts do not always make the best prrinted texts. Not the best way to do it, I know. But that's me!

 

[dequeendistress]

P.S. One thing to note, I stare at this damn screen 12 hours a day

Blink, that may help.

 

[djohnson]

I assume it's the girlfriend but I don't think it matters as they are asking a legal question and whether we agree with it or not it deserves a legal answer. I don't about your state, nor do I know of a law that states that , however that would be to tenants. If there is no lease or anything, and she is not listed on the property in anyway, then there is nothing keeping him from changing the looks the next time she leaves the house.

 

[dequeendistress]

D Johnson are you correcting me for inquiring if this is a girlfriend?

Can you explain to me how to change the looks? Plastic surgery or Michael Jackson transformation?

If you mean loCks then if you reread the original posts, it is inferred that the homeowner is NOT the one trying to get rid of the ex wife. IE he is the one making the too cold to evict excuse and NO there is not a law that states the temp. outside must be at a certain degree to evict someone. Or it is an out of season eviciton....If such a law exits I would appreciate a link to the statute.

The only and absolutely only thing I can think of this may apply to would be a utility service not disconnecting someone due to the temperatures outside. And that has NOTHING to do with an eviction.

 

[Fish9901]

Yeah, I just wanted to know if there was a Kansas Law that said something about giving someone the boot in winter, not whether he can legally tell me that (free speech, he could legally tell me anything he wants to =P)

Perhaps next time, I'll just post Is there any law that says they cannot kick someone out of the place in the middle of winter and leave it at that =)

But yeah, this is step one in discovering his real nature, checking the validity and truth of the small things and then figuring out the bigger ones.

I thought this went under the at will tenancy, just want to pick some more brains and see if this 'obscure law' regarding the weather existed.

Thank you much =)

EDIT- And yes, I am the girlfriend who's seriously doubting the 'divorce'...I'm not asking what I can do if I find out this guy's lying, I'm just trying to determine if he has lied and made up some BS law. So I'm not asking for legal advice persay, I'm asking if such a law regarding eviction in cold weather exists =)

 

[dequeendistress]

You did not answer, is this your problem or the homeowners problem.

 

[dequeendistress]

Thank you for editing your reply and the fact that you posted a question in regards to a non existent law, is not question enough that you have sufficient reason to bring your relationship to closure?

Or the fact that you don't really know if he is divorced or not????