jshaw8480
Feb 20, 2011, 08:39 PM
I need to know the laws for ct. My fiancé and I moved into his mothers home two years ago when she passed away and he purchased the home. This is my legal permanent address for over two years. Yesterday he asked me to leave and I took our 2 year old daughter with us. He proceeded to change the locks and shut off my cell phone. I am not worried about the cell phone but I need to know my rights to the home. I have been a stay at home mom and worked on finishing my nursing degree. I believe he has to file some sort of eviction notice but what happens now that he has changed the locks?
AK lawyer
Feb 20, 2011, 11:52 PM
... Yesterday he asked me to leave and I took our 2 year old daughter with us. He proceeded to change the locks
...
I believe he has to file some sort of eviction notice but what happens now that he has changed the locks?
Depending on the wording of landlord-tenant law in your state, you could be regarded as a tenant (see below). If so, it might be that he would be required to give you a notice to quit and then sue you for eviction. But in this case he might argue that you voluntarily moved out. Under those circumstances, since it is his house, he would be within his rights to change the locks.
Did you take your possessions with you when you moved out? If not, the court might conclude that you didn't surrender possession of the premises and that he would still have to evict you.
However a perusal of the Connecticut LL-T Act (http://www.cga.ct.gov/2011/pub/chap830.htm#Sec47a-1.htm)suggests to me that you would not be considered a "tenant" entitled to protection under that statute:
"(l) "Tenant" means the lessee, sublessee or person entitled under a rental agreement to occupy a dwelling unit or premises to the exclusion of others or as is otherwise defined by law."CHAPTER 830* RIGHTS AND RESPONSIBILITIES OF LANDLORD AND TENANT- definitions (http://www.cga.ct.gov/2011/pub/chap830.htm#Sec47a-1.htm)
Are you going to seek child custody and support?