[amg_7801]

I have lived in my boyfriends house with my daughter for almost 5 years. He hasn't been there mostly because he works out of state. We have broken up and now he wants to sell the house and hasn't given me enough time to find anything else in town. I don't know what to do. His mom is going to change the locks on Oct 1.

[joypulv]

He has to evict you according to the laws of your state. Most states are 30 days, except FL which is 15, and CA which can be 60 in some cases. That means notice in writing, followed by court eviction if you don't leave by the deadline of the notice.
If he or anyone changes the locks, the police can order that stopped or that you be given keys. Your ex is your landlord, whether you pay rent or not.

[LisaB4657]

Your ex-boyfriend has to treat you as a tenant. He has to give you a written notice that your tenancy has been terminated and that you have a certain number of days to move out. The number can be as little as 15 days or as much as 60 days, depending on the state that you live. Tell us the state and we can tell you how much time he has to give you.

If you haven't moved out within that time he has to file a lawsuit for eviction. Once he files the lawsuit and wins a judgment he can make arrangements with the constable or sheriff to have you evicted.

Under no circumstances can he have the locks changed until he has gone through all of these procedures. If anyone tries to change the locks without having obtained an eviction from a court it is illegal and you should contact the police. They will force them to give you a key and let you in.

[excon]

Hello a:

I don't know what to do, his mom is going to change the locks on Oct 1

The police will prevent her/him from putting you on the street. You are considered to be a tenant under your states landlord tenant law, and what they are proposing is an illegal eviction..

First off, whatever agreement you have, it's NOT with her. SHE is NOT your landlord. If SHE shows up, you may ORDER her off YOUR property. Tell her IF she trespasses again, you'll call the cops. If she DOES trespass, CALL 'em.

At the same time, write them a letter INFORMING them they are required to give you 30 day notice, and until such time as you receive such notice, you'll be STAYING... Send the letter CERTIFIED, return receipt requested... Send a copy to the chief of police in your town. Do it MONDAY morning.

Excon

[AK lawyer]

He has to evict you according to the laws of your state. Most states are 30 days, except FL which is 15, and CA which can be 60 in some cases. That means notice in writing, followed by court eviction if you don't leave by the deadline of the notice.
If he or anyone changes the locks, the police can order that stopped or that you be given keys. Your ex is your landlord, whether you pay rent or not.

Probably incorrect:

• "He has to evict you..." - If he can persuade a judge that you would be defined as a "tenant". Doubtful.
• "If he or anyone changes the locks, the police can order that stopped ..." - Is it a crime to change the locks? No. Is it wrongful ouser? Maybe, but that's a civil matter. Police only can "order" people to do things if a crime is afoot.
• "Your ex is your landlord, whether you pay rent or not." - I don't think so.

.... You are considered to be a tenant under your states landlord tenant law, and ...

Since we don't know what state this is, I don't think that conclusion is possible.

For example, here in Florida the law is as follows:

"83.67 Prohibited practices.—
...
(2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device.
..."

"83.43 Definitions.—As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:
(1) “Building, housing, and health codes” means any law, ordinance, or governmental regulation concerning health, safety, sanitation or fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of any dwelling unit.

(2) “Dwelling unit” means:
(a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.
...
(c) A structure or part of a structure that is furnished, with or without rent, as an incident of employment for use as a home, residence, or sleeping place by one or more persons.
(3) “Landlord” means the owner or lessor of a dwelling unit.
(4) “Tenant” means any person entitled to occupy a dwelling unit under a rental agreement.
..."

... and you should contact the police. They will force them to give you a key and let you in.

And they will arrest the landlord who refuses to obey their illegal order? What would be the nature of the charge?

[joypulv]

From multiple reports here and on other sites, the police seem to regard 'exes' as tenants, regardless of the law. I found such a situation in Palm City, FL, where a woman asked for legal advice on a law site and was told that the ex was a guest and could be treated as a trespasser. However, the police didn't regard it that way:
"How evict ex-boyfriend living in the house I own... He started using my address and says now I can't evict him since this is his residence. Nothing is in his name....I had to give him 30-day notice and then go to court."

One difference is that she was still living there. I don't see how that matters. Sometimes (as we see here often enough) it depends on the local cops.

[ScottGem]

Ok, first, I thought AK had given up this stand. I think it has been sufficiently established that anyone residing on premises who can prove that the premises is their primary residence, is afforded protection as a tenant under the law.

However, I agree that the police will probably not stop the locks being changed, but I believe they will force the landlord (or their agent) to allow the resident back onto the premises.

Before you do anything, you need to tell us where you are, so we can check the applicable laws. You say he is not giving you enough time to move. But you don't say what he has done. You may not consider it enough time, but the law might. I don't know of any place, at least in the US, that would allow a lockout. If they try that, they give you grounds for a lawsuit.

So please respond with your general locale so we can give you some more specific advice.

[joypulv]

When AK gave FL statutes, I assumed FL, and FL is often regarded as the most landlord friendly state. Time to start over, and yes, tell us where you live.

[catonsville]

Something that has not been brought to consider, would "Common Law" enter the picture?? Five Years.

[joypulv]

We don't even know the state, and no matter, because you can't drag out common law marriage as an option after you have broken up, and one sided as well.

[ScottGem]

Something that has not been brought to consider, would "Common Law" enter the picture???? Five Years.

Most areas have eliminated common law marriages.

[catonsville]

Most areas have eliminated common law marriages.

Thanks for response. Just wanted to make sure all avenues were covered.

[Fr_Chuck]

Why will you not tell us where you live, it is like saying my "car does not run" what is wrong,a and not telling us what happened to the car.

Laws in the US are by state and vary greatly. Plus this is an international site, with people from many nations around the world, some here in China where women would have much less rights.

Also while not legal (even civil or criminal) the fact remains that 1000's of people come home to find all of their belongings set outside and the locks changed. Others just to find locks changed, the issue is that many do it, regardless of it being legal.

So when you return home from work Oct 3rd, and everything you own is in the yard, what can you do then ?

Next I am not sure you said how long they gave you, when did you break up, how long have you looked for something else