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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question. I have been living where I am years

Customer Question

I have a question. I have been living where I am for 5 years and the house belongs to my bfs grandparents but recently I put a restraining order on my bf for domestic. The grandparents are now trying to kick me out. They locked my stuff out in the basement and I can't get in it. The circuit breaker is down there and I keep blowing fuses and I have two young kids that I have to feed. Everything is electric. What can I do about this?
Submitted: 6 months ago.
Category: Family Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Technically, you are a tenant at sufferance. A tenant at sufferance is a tenant who pays no rent, but is allowed to live on the property at the owner's discretion. The owners are the grandparents. So the grandparents are technically your landlord, whether you know it or not. As a tenant at sufferance, this is a weak form of tenancy. You have fewer rights than a rent-paying tenant, but you have the right to live there until/unless they give you proper notice to quit the property. It is not clear how long the notice should be, but it is normally between 14 and 30 days. If the notice is sent, and you remain on the property after its deadline, they can evict you. Here, what has happened is that they have interfered with your tenancy improperly, and have not given proper notice. But the way that they have interfered is by locking your possessions; this is improper. What someone in your situation can do is to sue them for conversion and trespass to chattel, which is essentially a civil suit for interference with your possession. A threat to do this may have them release the items. If they try to lock you out without proper notice and eviction, you can also sue them for unlawful eviction. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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