Have Legal Questions? Ask a Lawyer Now.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).