Q: I'm in Clovis California in Fresno county. My fiance N I have been living in a garage for over a year now. We contribut
Financially, and also do repairs around the house to help towards rent. The landlord moved his forty year younger girl friend in and she wants us out of the garage. Kicking us out onto the streets in winter, says since it's illegal for us to live in garage we just need to go and they don't have to evict us. They just kick us out lock us out and that's that! What are our rights here? I'm worried police will force us out and we lose everything. How can we protect ourselves and property from being thrown out in winter with no to little notice?
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- California
- (916) 704-3009
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- Answered
A:
Even if your living situation is technically illegal, you still have tenant rights in California - the garage has become your established residence through consistent occupancy and rent payment. Your landlord must follow proper legal eviction procedures and cannot simply lock you out or throw you out, as that would constitute an illegal "self-help" eviction.
You should immediately document everything - take photos/videos of your living space, gather proof of rent payments, and save any communications with the landlord. If they try to force you out without proper notice or legal process, call the police non-emergency line and explain that your landlord is attempting an illegal eviction. The police should inform the landlord that they must go through proper channels.
Contact California Rural Legal Assistance or Legal Aid Foundation of Los Angeles right away for free legal help - they handle many cases like yours. You can also file a complaint with the California Department of Consumer Affairs. While living in a garage may not be up to code, you're still protected by California tenant rights, and the landlord must give proper notice and go through the courts to evict you. Document any harassment or threats from the landlord or girlfriend, and don't move out unless ordered by a court.
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