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sicgurl117 · May 14, 2015, 08:36 AM

I've been living with my boyfriend for 8months, now he's had a change of heart n also has a new girl, and now wants to kick me out with no notice. He has already taken the key from me. He threatened me that he's going to call the cops on me, cause I'm not on the lease... do I have rights

NCTOFL · May 14, 2015, 08:42 AM

Yes! He has to give you a written notice to vacate premises each state varies for how long. Call your local Clerk of court they can answer your questions

smoothy · May 14, 2015, 09:02 AM

You don't have much in the way of rights, its his place, because you aren't on the lease... but he can't simply toss you out tomorrow... How long you do have depends on where you live.

To evict, and he CAN do that, and you can't stop it, Florida its 2 weeks notice to vacate. Its 30 days most other places. (its 2 months in California if you've been there more than 2 years)

I highly recomend you don't waste time fighting with him, and start looking for a new place to stay. That small amount of time will pass before you know it. And he can make that time very unpleasant as well.

AK lawyer · May 14, 2015, 10:53 AM

[Ex boyfriend] ... now wants to kick me out with no notice. He has already taken the key from me. He threatened me that he's going to call the cops on me, cause I'm not on the lease... do I have rights [?]

In short, no, you don't have rights, in my opinion.

If he has taken the key (Did he literally take it from you, or did he ask for it and you gave it to him?), are you in effect already "kicked out"? Or, if you leave for a few minutes, how do you get back in? If you in fact surrendered the key, it is arguable that you waived any so-many-day written notice requirement (if such a requirement applies).

So he is threatening to call the cops for trespassing? I think they will, once they find you have been a resident, refuse to intervene, saying "it's a civil matter". It would be different, perhaps, if you were to break in.

I happen to disagree with the position taken by other contributors that the law prohibits him from "kicking you out" without advance written notice. I believe the law on the subject only applies to "tenants", i.e.: persons who have agreed to pay rent. But of course it will depend on what jurisdiction you are in, and upon local court practice (i.e.: what the local judge thinks).

ScottGem · May 14, 2015, 12:28 PM

I'm on the side that says living there for 8 months has established residency. And that gives you the same rights as a tenant, albeit one on a periodic (month to month) lease.

However I do agree with AK that surrendering the key may have waived your rights. What is your status now? Are you living somewhere else? As noted, where you live will determine what rights you have. But the bottom line is your rights are minimal. Even as a periodic tenant, the only right you would have is to be given legal notice to vacate.

So tell us what you current status is. If you are still in the house tell us where the house is (general locale) and we can tell you how much of a written notice he has to give you.

AK lawyer · May 14, 2015, 01:13 PM

Originally Posted by ScottGem

...
However I do agree with AK that surrendering the key may have waived your rights. ...

Or moving out as demanded by the XBF. It is not clear whether she has. Only if OP is still living in the premises, does she still have any arguable rights.

Granted, she writes that he "wants to" kick her out, and that he says "he's going to call the cops" but I'm not sure about her current status: is she still living there or not?

sicgurl117 · May 14, 2015, 04:18 PM

Originally Posted by AK lawyer

In short, no, you don't have rights, in my opinion.

If he has taken the key (Did he literally take it from you, or did he ask for it and you gave it to him?), are you in effect already "kicked out"? Or, if you leave for a few minutes, how do you get back in? If you in fact surrendered the key, it is arguable that you waived any so-many-day written notice requirement (if such a requirement applies).

So he is threatening to call the cops for trespassing? I think they will, once they find you have been a resident, refuse to intervene, saying "it's a civil matter". It would be different, perhaps, if you were to break in.

I happen to disagree with the position taken by other contributors that the law prohibits him from "kicking you out" without advance written notice. I believe the law on the subject only applies to "tenants", i.e.: persons who have agreed to pay rent. But of course it will depend on what jurisdiction you are in, and upon local court practice (i.e.: what the local judge thinks).

He took my key, I never handed it over, every time we would argue he would take my key. Since the day I moved in I have paid the light and gas, as well as at least two hundred in food... he does make it difficult if he can for me to get in after I have left. I also take care of ALL the little things for the house, for the bathroom, n kitchen... He's never had to provide anything for me as far as, personal items. I also cook, clean and play the role like is wife... He's a bully, n I don't want to be here another minute, but I have no family n few friends so I'm all I have, n need some time to save money... so I need to see about my rights... thank u for the response

NCTOFL · May 14, 2015, 04:35 PM

Originally Posted by sicgurl117

He took my key, I never handed it over, every time we would argue he would take my key. Since the day I moved in I have paid the light and gas, as well as at least two hundred in food... he does make it difficult if he can for me to get in after I have left. I also take care of ALL the little things for the house, for the bathroom, n kitchen... He's never had to provide anything for me as far as, personal items. I also cook, clean and play the role like is wife... He's a bully, n I don't want to be here another minute, but I have no family n few friends so I'm all I have, n need some time to save money... so I need to see about my rights... thank u for the response

I have been in this situation in 2 different states. In one I was the one trying to remove someone and the other exactly your situation. In NC you can not evict someone without legal written notice once they are a established resident. In Illinois I was made to leave immediately even though I had children and his home was furnished with all my belongings. I did not have time to challenge it. The next day, he moved his wife back in that had left him for another man and decided she wanted to come back. So each state is different call your clerk of court and ask they will tell you what your rights are.

ScottGem · May 14, 2015, 04:35 PM

You still haven't told us your general locale. But the bottom line is that he has to give you legal notice to vacate. As long as he does that, you have to leave.

ScottGem · May 14, 2015, 04:41 PM

Originally Posted by NCTOFL

In Illinois I was made to leave immediately ... I did not have time to challenge it.

I don't know what you mean by not having time, but Illinois law does not permit illegal evictions and what you describe appears to be an illegal eviction.

Fr_Chuck · May 15, 2015, 01:20 AM

Plus, remember illegal evictions happen, every day. Boyfriends (or girlfriends) toss everything the other person owns and throws it out into the front yard, (or trash). So if he wants you out, try to move as soon as possible.

spicywings · May 15, 2015, 07:35 AM

Has it been determined where she lives yet or no?

AK lawyer · May 15, 2015, 08:45 AM

Originally Posted by spicywings

Has it been determined where she lives yet or no?

No.

ScottGem quoted a post by NCTOFL, not OP.

spicywings · May 15, 2015, 09:12 AM

Oh Ok. Thank you for letting me know.