Legal Question in Real Estate Law in California
Can the tenant on the rental agreement move my belongings out, when they no long
A friend of mine asked me to move into her house because she was recently married and was no longer living at her house and wanted to keep the house. I moved into the house with my children and all of my belongings. Now, she wants me to move out and be able for her family to move in. I didn't sign any agreement or contract with her, but she hasn't been there for approx. 3 months or so. She is threatening to have the landlord come over with her so they can remove my belongings from the house. Can they do that, and what rights do I have if any. Any help on this would be greatly appreciated.
1 Answer from Attorneys
Re: Can the tenant on the rental agreement move my belongings out, when they no
Who has been paying the rent, you or her? If her, she can probably tell you to move, with at least 30 days notice (just as a landlord can do).
If you have been paying rent to the landlord, then it could be argued that he replaced you on the lease.
Bottom line is, no one can enter the property and remove your belongings. You have tenants rights, with or without a written agreement.
She will need to give you 30 days notice, then would need to file an unlawful detainer action to evict you.
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