Q: My ex and I have been living for 7 months at a house his parents' own. Neither of us pay rent. What if he locks me out?
His parents own the place but do not reside there. They've been threatening to evict me. I am away for the holidays as worried he might lock me out. My things are at his place. What could I do to defend myself if this happens? Can I demand to get back in?
A:
In California, if you have been living in a house for an extended period, like the 7 months you mentioned, you have established residency there, even if you haven't been paying rent. This means you have certain rights.
If your ex locks you out, this could be considered an illegal eviction. Under California law, landlords (in your case, his parents) must follow a legal eviction process, which includes providing proper notice and obtaining a court order if necessary.
If you find yourself locked out, you can call the police to report an illegal lockout. The police may be able to assist you in regaining entry, especially if you can prove you have been living there (like showing your belongings are inside, or you have mail addressed to you at that location).
Additionally, consider contacting a local tenants' rights organization or a lawyer for advice. They can guide you on steps to take, including possibly seeking a court order to regain access to the house.
In the meantime, gather any evidence that shows you've been living there, such as mail, belongings, or statements from neighbors. This can be crucial in proving your residency and rights to the property.
Remember, the laws are there to protect you, and there are resources available to help you navigate this situation. It's important to act promptly and seek legal advice to protect your rights and belongings.
Stephen Arnold Black agrees with this answer
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