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Am I considered a 'tenant' living in my boyfriend's home?

San Jose, CA |

I moved here from out of state two years ago to live with my fiancee, in his home. He has told me to get out and said he would give me 30 days before having the police remove me. I am not working but paid my own bills plus the cable bill before he recently changed it into his name. I need more than 30 days to relocate and am wondering if I am considered a "tenant" and have any rights at all when it comes to being in his home and the amount of time I'm allowed to stay if served legally? Or can the Police just show up and tell me I must leave or arrest me?

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Attorney answers 1


The police cannot remove you at this stage. He has to formally serve you with a 30 day Notice to Quit. After 30 days he has to serve you with a Summons and Complaint for Unlawful Detainer. You have 5 days to answer. After that, he has to get a trial date in 3-4 weeks. Once he gets a judgment of possession it takes 1-2 weeks for the sheriff to enforce.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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