If I have been living with my boyfriend for the last 12 years in his mobile home and he has told me to get out, do I have any legal rights?

I am 73 years old.

Asked on July 9, 2012 under Real Estate Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

It all depends on if you have been paying rent or not.  If you have been paying rent, then he has to give you 30 days notice.  If you haven't been paying rent, then he can kick you out.  If you pay rent you are considered a "single lodger."


Single lodger in a private residence:

A lodger is a person who lives in a room in a house where the owner lives. the owner can enter all areas occupied by the lodger and has overall control of the house. Most lodgers have the same rights as tenants. However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner’s house and may be removed as a trespasser.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.