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Can a "Tenant at Will" sue for Breach of Quiet Enjoyment is there was no written lease?

Fontana, CA |

I lived with the father of my children for 14 years in his home. Eight months ago, he moved from the residence, and my children and I were allowed to stay in the home free of rent in lieu of child support. Recently, he filed a UD action against me and received a judgment for possession only. We had no written lease. During the time after my ex moved from the residence, he would freely come in and out of the home, with no notice, anytime he wanted. I would come home and he would be sitting watching TV. Sometimes he would come in to use the restroom and then leave. Other times, I would be in the shower, and he would just walk right in. I asked him a few times for some type of notice, but he said it was his house he could do whatever he wanted. Can I sue for breach of quiet enjoyment?

Attorney Answers 1


  1. You have more issues than just quiet enjoyment. If he got a judgment against you, he can probably evict you. Because you lived there for so long and have children with him, you have rights that you are not adequately protecting. Go see a family law attorney in your area. Delaying could result in your being out on the street.

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