Can I be locked out of a home that I shared for 3 1/2 years with my boyfriend?
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Can I be locked out of a home that I shared for 3 1/2 years with my boyfriend?
Asked on June 24, 2015 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No you cannot. This is true even if there is a mortgage/lease in his name only. Assuming that you were not on any mortgage/lease, since you lived there for that long of a time with the legal occupant's permission you are a "licensee", much like a tenant, therefore you have certain rights regarding eviction. For one thing, you must be served with a formal notice to leave the premises. This would give you a set period of time before you had to vacate. If this right has not afforded to you, then you can take legal action.
Note: If you were on a lease, then he cannot evict you at all; your landlord would have to do that.
At this point, you should consult with an attorney who specializes in landlord tenant cases; they can best adivise you further as to how to proceed under specific state law. If money is a problem check to see if there is a tenants' rights organization in your area or possibly legal aid. Also, if there is a law school nearby, see if they have a free/low cost clinic that might be able to help you.
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