Common questions

Can someone kick me out if im not on the lease?

Can someone kick me out if im not on the lease?

If you’ve had a friend stay over for a few nights, there’s no need to evict the person — he’s not legally a tenant. In California and most other states, however, if someone has lived in your apartment for 30 days or more, he’s considered a tenant even if he never signed a lease.

How can I get my belongings from my ex?

When you have already moved out and want to retrieve your belongings, you should start by requesting to your ex that you want to pick your items up. This should be done in a way where you can save a copy of the correspondence. An email or a text message should suffice.

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How long does ex have to remove belongings?

Depending on where you live, an ex can be given from 30-60 days to retrieve their belongings. While 30 days should be considered a minimum deadline, you should not set a deadline for less than 30 days. This is considered to be ample time for an ex to remove their possessions.

What happens if you leave stuff in an apartment when you move out?

Anything left in the apartment after the move out date (barring a agreement otherwise with the management) should be considered abandoned. You can expect to lose at least some of your deposit to pay for having that stuff removed and disposed of. It could be given away, it may be thrown away, it might go in a burn pile.

How do I get someone out of my apartment?

Legally Removing People. Send a certified letter asking them to leave in 30 days or less. While a house guest is not technically a tenant, certain tenant-landlord laws still apply to the relationship if they’ve been with your for more than 30 days. Talk to an attorney who will help you draft and send an eviction notice …

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Can my ex sell my belongings?

Unless your spouse is selling things off in order to pay for food, clothing, shelter; or, routinely sells things that you own in order make a living, the answer is ‘no’; your spouse cannot get rid of your belongings or assets during, or leading up to, your divorce.

Can a landlord remove a tenant’s belongings from a property?

He cannot remove the tenant’s personal belongings from the property, for instance, even though he may feel justified in doing so to recover lost rent. Only after the court has decided in favor of the landlord will it issue a “writ of possession” that orders the sheriff to remove the tenant and his belongings from the premises.

What happens if my roommate is on the lease but not on?

This period is known as bailment. Your legal responsibility will also vary if your roommate was on the lease or subletting from you. If you are technically considered his landlord (i.e. he was not on the lease), your liability will be different than if you were just his roommate.

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How can I get my belongings back from my ex-wife?

Send her a registered letter telling her you want your belongings and ask her for details on when you can pick them up. When she replies try to pick up your belongings. Save all correspondence. If this does not work, take her to small claims court.

Can I be held liable for my roommate’s possessions?

If your roommate was on the lease, you may not be legally responsible for storing his possessions. Contact your landlord or property manager and let him or her deal with the situation. However, checking your state laws and/or speaking with a lawyer are still good ideas to ensure that you don’t have any liability.