Roomate kickout

[samsonjd]

i moved into my girlfriends apartment,although im not on her lease,we drew up a rental agreement and one of the statements were if the relationship does not work party a(her) can not just throw party b(me) out without giving me enough time to find somewhere new to live.I came on home from work on tuesday and she had the chain on the door and would not let me in.When I asked if i could at least get some clothes and personal belongs she stated that if i dont leave she will call the police,well as i was leaving i see the police arriving.Since then she will not answer the phone,return mesages,emails textx etc.. All I want is to gather some basics for now so I can have some clothes to change into,I have been wearing the same clothes for over 2 days.
Id like to know my rights?I still have the key although she states the locks have been changed.I wonder if i can go into the apt and gather my personal belongs?

Thanks
James
Cleveland

 

[army judge]

If she legally wants you out, she has to take you to Court and evict you. She can't kick you out. You can choose to leave.

If you just want your stuff, see if your key works. If she's locked you out, you can sue her. To do that, you'd have to take her to court. You're free to enter your home and collect your stuff.

Or, you can ask the police to meet you and do a civil standby while you are allowed to get a few of your items.

Good luck!

 

[mightymoose]

Try your key.
If the police come to do a civil standby they can't make her open the door and let you in, and if she is not home you are out of luck.
If you can't get in you can force entry, but you will be responsible to repair any damage you cause. If you choose this option, I strongly suggest you try and get a police officer present to document your action because she will certainly try to report a burglary and you may find yourself in an uncomfortable situation. An officer can make note of the method of entry and the property you remove from the house. Hopefully you have something you can show to help prove that you do actually live there.
You can't burglarize your own home, and you can't steal your own property. It would be the same situation as if you had locked yourself out. Your only liability is the repair for any damages you cause. Get photos of any damage you cause and have it repaired promptly. Forcing entry should be a last resort, but don't be afraid to do it if it gets down to that- just plan ahead.

If you do get inside, as tempting as it might be, don't take anything that is hers or that she will dispute--- meaning things that belong to both of you or that were gifts.
Take what you need. Anything else that you want that she will not give can get settled in court.