Can your girlfriend just throw you out in only 30 days?

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Can your girlfriend just throw you out in only 30 days?

My ex and I live were in a relationship for just under 2 years. We moved recently and as my ex’s father gave her the money to buy the house, it is in her name alone. We broke up about a week ago and she went from saying that she wants me out in 30 days to you can have longer, back to I have to be out in 30 days. She has not served me with any eviction papers. She says that she will call the police and have me removed. Can she do that? We have been living together for over a year.

Asked on April 28, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You say that she is the sole owner of the home--the only person on the title; also that you you did not contribute money for the home.

In that case, if you are paying rent to her, you are a tenant. If you are tenant with a written lease, you can only be evicted for breach of the lease, for nonpayment of rent, at the lease term's expiration, or for certain (fairly obvious) bad acts, like threatening or attacking the property's owner, deliberately damaging the property, etc. If you are a tenant but there is no written lease, you are a month to month tenant on an oral lease; you can be evicted as per the above, or your tenancy may be terminated on 30 days notice--so even if you are paying rent, if there is no written lease, your now-ex-girlfriend can give you 30 days notice.

If you are not paying rent (and also did not contribute to the home), you are a guest. No matter how long you have been living there, you are still only a guest. As a guest, you can be asked to leave at any time, for any reason. Guest have no residency rights.

Therefore, unless you are a tenant with a written lease, you could be asked to leave on 30 days notice.


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