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Being kicked out in CA with 3 kids, given 1 wk notice?

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Being kicked out in CA with 3 kids, given 1 wk notice?

Postby latamaram » Mon Nov 23, 2009 6:02 pm

I have been living in my boyfriend's house in California with him for 6 years. We have 3 boys under age 7. His aunt is the executor of the house and we have no signed lease. We just pay all of the bills. Recently we got into a domestic and he went to jail. There is currently a no contact order in effect and I received a call from his aunt that I have one week to move out of the house because I am living there illegally. Do i have any way to get more time. Does she have to give me written notice? All of the bills are in my name and I pay them except taxes and insurance which she pays. She wants me and my 3 kids to be out on Thanksgiving so her nephew can move back into the house and he doesn't have to be on the street when he gets out of jail. The one lawyer I talked to said I do have to get out because I dont have a lease or pay rent to her. Any help is appreciated. Do I need to get a lawyer?
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Postby TenantNet » Mon Nov 23, 2009 7:23 pm

Most tenant laws are state or city-specific, so we can't speak on CA law. That lawyer sounds like he's lazy and you might wish to get another opinion.

Most places require a landlord to take a tenant or occupant to court to get them out; they can't just change the locks. In NYC it's an illegal eviction and potentially a criminal offense, but in many other areas it's a civil offense.

Since you have minors that might add to the situation. Also check to see if CA is a common law marriage state and that might give you some rights, in addition to your paying bills, which can be seen as some sort of rent (and maybe some tenancy rights.
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