Legal Question in Real Estate Law in California

what can i do

i have been living with a lady for the last 3 months.we do not have a rental agreement but i do house work for rent.i have a trailer at her house and she has put all my things in the trailer and moved it off the property.on the road.she did this with no warning i was gone the day she did thisdo i have any rights about this or does she have the right to do this to my property


Asked on 11/18/05, 6:47 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: what can i do

No, you would legally be viewed as a tenant, and she would have to respect and honor your rights of tenancy just as her landlord has to do the same toward her. She more or less steps in the shoes of a landlord now in how she must legally treat you and your belongings. You have immediate civil and/or criminal remedies available to you right now. Do not delay. If you would further assistance, contact us directly today before the holiday season.

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Answered on 11/18/05, 6:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: what can i do

Well, this is kind of a borderline situation where your status might have been "tenant" in which case you would be entitled to notice and some kind of eviction process under the rules; or you might have been "guest" with no rights once your welcome was worn out.

Generally, if your services were roughly equal in value to rent, if you had a separate room or group of rooms, and didn't have another address, a judge would most likely consider you a tenant.

On the other hand, if you shared the entire premises, more or less, the value of your services was much less than fair rent, and you had another address (where you got mail, were registered to vote, had a phone, kept some furniture or other belongings, etc.) you might be treated as a long-term guest instead of a tenant, and you wouldn't have tenants' rights.

Another question is whether you had a "dating relationship" with the lady. If you did, I think it is somewhat less likely that you would have tenant's rights, and somewhat likely that she could get a restraining order if you tried to continue your "tenancy" situation.

In either case, she probably exceeded what she should lawfully do by dumping your belongings from the house and into a trailer (I assume it isn't a house trailer and you weren't living in it!). Even if you were only a guest, she probably should have been a little more careful with your things -- but unless you've suffered some damages, this minor disregard of the law is probably not something to go to court over.

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Answered on 11/18/05, 7:07 pm


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