Hanford, CA asked in Criminal Law, Civil Rights and Landlord - Tenant for California

Q: Can someone kick you out of your house and keep everything you own

My husband and i moved into my mother in laws home with the agreement that we pay the mortgage my husband's brother moved into the garage he refused to leave he does not pay for anything everything is paid by me and my husband everything inside the home is ours and everything in the garage is my husband's.my husband recently went to jail but I still pay the mortgage and bills my husband's brother told me I had to leave put my clothes outside and told me I couldn't take anything else with me we have a fully furnished home I called the police because I wasn't allowed to take anything but my clothes and they did nothing to help me in my situation

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You have rights as a tenant, and can't be made to leave without complying with your rights as a tenant.

I suggest you contact a tenant's rights attorney located near you. Do not delay, as time is of the essence.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you have been residing in the home and contributing to its expenses, you generally have rights as a tenant, even if there is no formal lease agreement. Evicting you would require following the state's legal eviction process, which includes providing written notice and a chance to remedy the situation. Additionally, the brother has no legal basis to keep your personal property; if he does so, it could be considered theft or conversion.

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