Is my dad allowed to kick me out without allowing me to retrieve my things?
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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 5 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.
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