Legal Question in Landlord & Tenant Law in California

My parents are renting their house. I do not pay rent. I am 20. They are kicking me out. My question is are they legally allowed to trow my things out on the street and leave it there until i can get it or is there some legal thing i can do to prevent it?

Asked on 8/16/13, 5:11 pm

1 Answer from Attorneys

Robert Kubler The Kubler Law Firm

Very interesting question, your parents are tenants want to evict you, a non-paying resident who is essentially subtenant at $0 a month. Well if your parents try this self-help and dump your things outside you could call the cops that you've been unlawfully evicted without proper notice. The cops would probably show up and let you back in and say something about this being a civil matter.

About notice, if you never agreed to pay rent there is no 3 day notice to quit or cure here, rather I think your parents would have to give you 30-60 days notice to leave. If you lived there more than a year its 60 days, otherwise its 30 days notice to leave. If you were damaging the place then 3 day notice to cure may apply.

Not much to prevent this than to talk it over with your folks. Ask for 60 more days if you've been there over a year as you're entitled to that under the law.

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Answered on 8/24/13, 7:40 pm

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