California: Im 20 years old, can my parrents kick me out without a 30-day notice?

[volcomYAE23]

They gave me a 2-day notice. What are the laws regarding this?

 

[cyjeff]

That you should start living on your own... in roughly 2 days.

Parent/child relationships really don't have the same boundaries as other tenant relationships...

For instance, are you paying rent and staying at a spare house or are you still living in the same bedroom you have been in since childhood and were just planning on living there forever for free?

 

[seniorjudge]

They gave me a 2-day notice. What are the laws regarding this?

They can kick you out without any notice.

Get gone.

 

[ecmst12]

Care to post any legal basis for those opinions? Adults living with their parents have the same rights as any other month to month tenant. You should obviously attempt to be out as soon as you can, but if they try to change the locks before 30 days, you can call the police to be let back in. Even after 30 days, they must take you to court and get a judge's order to be able to change the locks.

 

[Zigner]

Care to post any legal basis for those opinions? Adults living with their parents have the same rights as any other month to month tenant. You should obviously attempt to be out as soon as you can, but if they try to change the locks before 30 days, you can call the police to be let back in. Even after 30 days, they must take you to court and get a judge's order to be able to change the locks.

Really? As a guest?

 

[cyjeff]

Care to post any legal basis for those opinions? Adults living with their parents have the same rights as any other month to month tenant. You should obviously attempt to be out as soon as you can, but if they try to change the locks before 30 days, you can call the police to be let back in. Even after 30 days, they must take you to court and get a judge's order to be able to change the locks.

Anyway, in California it appears (as per CA CC1946) to actually be 60 days.

Please state the statute where, after the proper amount of notice, they have to get permission from their son and a court order to change their own locks.

 

[volcomYAE23]

Can i see where it states this is the law:
"Adults living with their parents have the same rights as any other month to month tenant."

Thanks!

Edit:
Law CA CC1946, oh thx.

 

[CourtClerk]

Really? As a guest?

He isn't a guest. The OP has created a tenancy and as such, anytime they have resided in the residence for more than 1 year, they have to be given 60 days notice. Under 1 year, 30 days notice.

 

[Zigner]

He isn't a guest. The OP has created a tenancy and as such, anytime they have resided in the residence for more than 1 year, they have to be given 60 days notice. Under 1 year, 30 days notice.

How has the OP created a tenancy?

 

[volcomYAE23]

Im have trouble finding law CA CC1946...

 

[Zigner]

Im have trouble finding law CA CC1946...

Have you paid any rent?

 

[volcomYAE23]

no ive moved out once, moved back in, almost a year ago. no rent.

 

[CourtClerk]

How has the OP created a tenancy?

By living there, long term. Presumably receiving mail in the residence, having a key and having free reign of the property.

Paying rent is not the only thing that creates a tenancy and this has been litigated time and time again.

 

[Zigner]

By living there, long term. Presumably receiving mail in the residence, having a key and having free reign of the property.

Paying rent is not the only thing that creates a tenancy and this has been litigated time and time again.

Living there long term doesn't (in and of itself) create a tenancy.
Receiving mail there doesn't (in and of itself) create a tenancy.
Having free reign of the property DEFINITELY doesn't create a tenancy.

Does our OP have EXCLUSIVE rights to the property? Any of it?

In MY house, my children (under or over 18) understand that it's MY house and that I AM entitled to enter any part of my house at any time I see fit. They understand that they are there by my permission ONLY.

 

[CourtClerk]

Living there long term doesn't (in and of itself) create a tenancy.
Receiving mail there doesn't (in and of itself) create a tenancy.
Having free reign of the property DEFINITELY doesn't create a tenancy.

Does our OP have EXCLUSIVE rights to the property? Any of it?

There are people in this world that don't have exclusive rights to property that have created a tenancy - and we are not speaking of one of those things in and of itself being what is going on.

[In MY house, my children (under or over 18) understand that it's MY house and that I AM entitled to enter any part of my house at any time I see fit. They understand that they are there by my permission ONLY.

Often times, what goes on in our house does not fall in line with the law Ziggy and you know it. Just because it is what you would do or what I would do doesn't make it ok if it had to be litigated (you know that too)/