Is my dad allowed to kick me out without allowing me to retrieve my things?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is my dad allowed to kick me out without allowing me to retrieve my things?

I am 23 years old and have been, until recently, living with my dad while I work to earn money for college. was allowed to live there for free with the understanding that I would do chores around the house and help out if I need to. I have been doing so. However, my dad seems to have been purposely making things difficult lately so we have been fighting a lot. He needs to know when I am coming home and where I am at all times and if I don’t tell him my plans for the day by 9 pm the previous night, I am not allowed to eat at home. I decided to visit my mom for a few days, in part because I needed a short break. When I informed him of this, he told me that I wasn’t allowed to come back and that I would need to gather everything I needed that day because he was going to deactivate my code to the door so I couldn’t return. Is this legal for him to kick me out with no notice and less than 24 hours to gather my things? I was able to get one suitcase full of stuff because I had a full workday and couldn’t get more. I have a lot of stuff there.

Asked on May 23, 2019 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) He can kick you out at will; it's his house, not yours, and you have no right to live there if he withdraws his permission for you to stay.
2) However, he is supposed to give you reasonable written notice (e.g. 10 days), and, if you don't go when asked, bring a legal action (an action "for ejectment") to remove you, not simply change the door code. In theory, you could seek a court order requiring him to let you back in temporarily, but it would only be temporary, until he did  this the right way, so if you have someplace to stay, it is not worthwhile.
3) He cannot keep your belongings from you. If he does not let you retrieve them, you can bring a legal action in country court for "unlawful distraint" to get a court order that he return your belongings to 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 lock Secured with SHA-256 Encryption