Legal Question in Civil Litigation in California

forced to vacate without notice

my boyfriend and I have been living with each other for one year in a house he owns. He has been my provider and sole means of support the entire time. Two days ago he threw me out of the house, and threw my belongings in the garbage. I am at a loss as to why he did this. I have talked to two law enforcment officers about this and they said he can't do this, this is my residence, and that he has to give me notice before throwing me out. I called the police to go back to the house with me and he told them I was just a guest in his house and I had to leave. I am 43 yars old. Now living in my van. I have no job, money, family or friends. I am literally homeless and living on the streets. This is very frightening. Is what he did legal? Do I have any legal recorse? If so, what should I do?


Asked on 8/03/06, 6:27 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: forced to vacate without notice

I doubt it is BF's fault, or anybody else's fault but your own, that you have no job, money, family, or friends or that you are living in your van. He had every right to throw you out. You can take him to small claims court for the manner in which he dealt with your gear, or any other grievance you may have.

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Answered on 8/07/06, 4:32 pm
Judith Deming Deming & Associates

Re: forced to vacate without notice

You and your boyfriend are not married and he owns the house; why would he not be able to cause you to vacate? While it would have been better for him to simply ask you to leave, rather than throwing you out, he is under no obligation to support or provide for you. You are 43 and should be ashamed of yourself for expecting someone else to take care of you--get a job like everyone else does, and then you can get your own place.

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Answered on 8/07/06, 5:02 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: forced to vacate without notice

I am appalled at the other attorney responses to this post. Those of you who responded in the manner in which you did should be ashamed. This is a person in need of help. It's easy to kick a person while they are down, but why post anything unless you are going to offer at least some advice?

To the poster. If you established residency at the house, he must provide a minimum of 30 days notice before he "throws you out." Since he did not do this you will need to file what is called a forcible detainer, which basically if the oppositie of an unlawful detainer. A forcibile detainer prevents landlords from just thowing people on the street. You do have legal rights here and the police were correct.

When you file the forcible detainer, make sure that you include the damages to your personal property being thrown out, and any other damages that you have suffered as a result of his violation of California law.

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Answered on 8/07/06, 9:06 pm


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