Can I be locked out of a home that I shared for 3 1/2 years with my boyfriend?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 6 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption