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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37584
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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As a resident who is not on the lease but is cohabitating with

Resolved Question:

As a resident who is not on the lease but is cohabitating with an individual who is, and as a result of disagreement has asked me to leave - what protection do I have in regard to my property that is still located in that individuals condo? They have threatened to put it all out at the curb even though I have requested to coordinate a reasonable time to remove my items. My concern is that they could do this and because I am not on the lease I will have no recourse and legally not have any protection and right to secure my property.
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, how long have you reside on premises? Also, do you pay anything toward rents? Are you being legally evicted via notice, or are you being forced to leave without notice? Please advise!
Customer: replied 11 months ago.


I have lived there since Mid July of this year. I do not pay rent, the verbal agreement was that I would use the time to save money so we could purchase our own place together. We are a same sex couple who have been in a relationship since Nov of last year and decided to move in together recently. The owner is not aware to my knowledge of my habitation there because of the concern over our sexuality. My partner is on the rental agreement with the owner and my partner is the one who asked me to leave and is threatenting to remove my items while I am at work.

Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up, Mike.

Please allow me to give you some peace of mind. Even if you are not formally on the lease, if you remained there long enough you obtained rights as an 'occupant'. An 'occupant' is entitled to the same rights as a tenant minus the obligation to pay rents. That means that if he really wants you out he has to serve you written notice and take you to court if you refuse to leave on your own. It also means that he cannot utilize 'self-help' to get you out--'self help' can include changing the locks, barring entry, removing your property all in a way to force you to leave. And if he does place your items outside, you have the right to sue him for value, since there is an argument that by leaving the items with him, he had a 'bailment' and an obligation to keep reasonable care of your items rather than simply throw them out.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37584
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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