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Czeller92831, Renter in Fullerton, CA

My domestic partner and I have been in a relationship for 11 years. He has chosen to disolve our California Domestic partnership and now has given

Asked by Czeller92831, Fullerton, CA Tue Apr 27, 2010

me a week to move out of our house. I am not on the title or mortgage but have been paying rent and worked hard to make a fixer upper inhabitable and a home. I am wondering if I have any tenant rights? Please advise. Thanks

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9
Definately the purvey of an attorney.
1 vote Thank Flag Link Tue Apr 27, 2010
Everyone is correct about your rights. You are definitely entitled to tenant rights - but may even be considered a common law spouse and entitled to equity in the property.

I would consult a family law attorney - and can provide a reference for one of the best in Orange County if you would like.

If you were to take the tenant route - your 'landlord' would need to give you certain legal notices if he were to evict - and this can only be for cause. If these notices are not filed - you don't have to move.

Stick to your guns as you have rights.
0 votes Thank Flag Link Sun Sep 19, 2010
Hi Czeller,

Of course you have rights...and you need to talk to a family law attorney NOW! CJ.....great information and sources to help!

I'm so sorry that you are going through this, but make sure and protect yourself.

Karen
0 votes Thank Flag Link Sat May 1, 2010
Czeller -

Sorry to hear about your break up.
You do have rights. Consult this link for a down loadable booklet regarding tenant rights in California.
http://www.dca.ca.gov/publications/landlordbook/index.shtml

Consult with an attorney that understands domestic partnerships and the laws related to this union.

From: http://w3.uchastings.edu/plri/fall94/gewertz.html

2. Partners' Responsibilities to Each Other
By signing a domestic partnership agreement, each partner is made responsible for the other's basic living expenses. [No. 18] The law defines such expenses to include basic food and shelter. [No. 19] Under the law, each partner must ensure each other's provision for these basic living expenses. As a result of this duty, one may be responsible to pay a creditor if one's partner receives basic food or shelter on credit. [No. 20]

http://www.domesticpartnershipadvocates.com/


Good luck,
CJ
0 votes Thank Flag Link Tue Apr 27, 2010
Hi,
Of course you have rights, everyone does this is America! Being a landlord myself I know when you want a tenant out you must evict them. That process takes at least 30 days minimum. You said you are disolving a domestic partnership, was the issue not resolved durring that court proceeding? Were you told you had to move out by a judge or whatever entity was presiding to move out?
There is a renters hotline you can call for free legal advice. You really should do that at this point.
Try this site online Q and A: http://www.justanswer.com/brands/California-Law?ofid=7&r…

Best of luck to you,
Connie Bramble
Prudential CA Realty
714-337-8718
Web Reference: http://www.ocrealtor.com
0 votes Thank Flag Link Tue Apr 27, 2010
Czeller92831 Please consult an attorney on this one. Not often do you see all real estate agents agree but it looks like you found that rare occasion! Best of luck to you
0 votes Thank Flag Link Tue Apr 27, 2010
You need to consult with an attorney and see exactly what options you may have.
0 votes Thank Flag Link Tue Apr 27, 2010
I am not an Atty, but that I am aware of tennant landlord law states a tennant that has been renting for over a year requires 60 days notice to vacate. Please see the California Tennant Landlord laws below.
0 votes Thank Flag Link Tue Apr 27, 2010
Hi Czeller92831
As realtors, we are forbidden from giving legal or tax advice, and your question is best answered by an attorney.
Wishing you all the best,
Terry
0 votes Thank Flag Link Tue Apr 27, 2010
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