Q: What are the rights of someone who has lived in the backyard in a tent for almost a year in California?
I have lived in a large tent in the backyard if a homeowner for almost a year in southern California. The owner has provided me with electricity and heat and water. I have use of the laundry facility and inside the tent I have a mini fridge, small single burner stove, convention oven and television. I have never been asked to pay rent in any manner. Yesterday I came home and out of the blue was told I have 2 days to get out of my things will be at the curb. Do I have any rights?
A:
In California, individuals who have lived on a property with the owner's permission for an extended period may establish certain rights as a tenant, even without a formal lease agreement. This is often referred to as a "tenant at will" or "tenant by sufferance."
Given your situation, you might be able to argue that you have established tenant's rights due to the following factors:
1. You have lived on the property for nearly a year with the owner's knowledge and consent.
2. The owner has provided you with amenities such as electricity, heat, water, and access to laundry facilities.
3. You have not been asked to pay rent, which could suggest that the arrangement was intended to be more permanent than a short-term guest stay.
If you are considered a tenant, the homeowner would need to follow proper legal procedures to evict you, which typically involves giving you a written 30-day notice to vacate (60 days if you've lived there for more than a year).
However, it's important to note that these situations can be complex and may depend on various factors, such as any agreements (verbal or written) between you and the homeowner, local laws and zoning regulations, and the specific circumstances of your case.
To better understand your rights and options, it is highly recommended that you consult with a local tenants' rights organization or a legal aid attorney specializing in landlord-tenant law. They can provide more tailored advice based on the specific details of your situation and help you navigate any potential legal proceedings.
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