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ricky99797 · Sep 13, 2010, 10:04 AM

Sacramento,CA I'm 21 years old.
I have lived with my step-dad and mom since January 2010, they have let me stay and find a job and what not.
I was never asked to pay a dime or anything. Just saving up money to move out.
The other day my step dad for some reason flipped out and called me while I was at my girlfriends dinner party out of town and told me to get my sh*t out and be out within the next two days. I called him a '****' jokingly and he laughed when it happened and all of a sudden he just flipped out (he's also a very bad alcoholic, so he has bad mood swings, but while he's drunk he still remembers the next day about everything).
Now I stayed with my girlfriend and her parents for a couple days, but I cannot stay there any longer (they just don't really have room for someone to stay, they live in a tiny apartment).
Now I'm probably going to have to stay in my car at a local walmart for however long.
I'm NOT on the lease, he is.
But what can I prove (print and show him) that he cannot legally kick me out like this.
Because I know it's not legal to let someone in your house for 6+ months and then give them 2 days to move out.
It was only verbal for the entire situation, nothing was signed or written.
I appreciate it!
I need this answered ASAP!

tickle · Sep 13, 2010, 10:09 AM

If you were paying rent,then no, he couldn't evict that way, but you aren't paying rent so that changes the picture.

Tick

ScottGem · Sep 13, 2010, 10:32 AM

If you have your belongings there, if you are receiving mail there, then you are considered a resident. Unfortunately, under CA law (http://www.dca.ca.gov/publications/l...k/catenant.pdf) if you are a single lodger in a residential property you may be evicted without formal proceedings. You need to be given notice equal to one rental period. But if you aren't paying rent defining that period may be an issue.

ricky99797 · Sep 13, 2010, 10:34 AM

What's wrong with this site??
I keep getting emails saying someone has answered but I don't see any replies and it says 0 views as well.

ricky99797 · Sep 13, 2010, 10:36 AM

Nvm now I see it!
Also I was never asked to pay anything.
I have bought water, food and other misc. things like bathroom stuff.
But never paid rent. I've given them money here and there when I had it to pay cable and internet.
He rents the place doesn't own by the way.

ScottGem · Sep 13, 2010, 10:43 AM

The fact that he is a renter himself matters not. He is YOUR landlord in the eyes of the law. However, if you mom is also signed on the lease, then he can't act without her agreement.

ricky99797 · Sep 13, 2010, 10:45 AM

Well I either way, I do have a place (permanent) to stay at the end of the month, so legally (I looked at that link, it does say a 3 day notice if I haven't paid rent, but I never was asked to pay anything or never signed anything) doesn't he have to give me a 30-60 day notice in writing?

ricky99797 · Sep 13, 2010, 10:51 AM

Also what is considered "unlawful methods to evict
a tenant"

ScottGem · Sep 13, 2010, 11:06 AM

Again you are considered a single lodger. So he only has to give notice of one rental period. Since there is no rent, I would say he has to give 30 days.

ricky99797 · Sep 13, 2010, 11:07 AM

Okay that's all I needed to know. Thanks.
I just wanted to make sure he couldn't legally kick me out in 2 days like he said, and that he had to give me a written notice of at least 30 days.

AK lawyer · Sep 13, 2010, 12:32 PM

Originally Posted by ricky99797

Okay that's all I needed to know. Thanks.
I just wanted to make sure he couldn't legally kick me out in 2 days like he said, and that he had to give me a written notice of at least 30 days.

So what are you going to do if he does kick you out with arguably insufficient notice?