Legal Question in Landlord & Tenant Law in California

Deadbeat Boyfriend

I own my home and my boyfriend has been staying with me, without paying any expenses for over 3 years. During that time he verbally agreed to help out with expenses but never has. Our relationship has ended but he is still here. What steps must I take to have him leave?

In the past, he used a key logger on my computer and obtained my passwords to several accounts and transferred funds. Is this enough to get a restraining order against him?

Thank you in advance!


Asked on 2/27/07, 9:25 am

1 Answer from Attorneys

Steven Lynes Lynes & Associates

Re: Deadbeat Boyfriend

With respect to the issue of getting your ex-boyfriend to move out, whether you must go through a formal eviction process is a gray area. To be safe, I recommend that proceed as if he was tenant and serve him with a 3-day notice to quit if he engaged certain conduct (e.g. uses property to do something illegal, threatens the health and safety of other tenants or the general public, etc.) If he does not move out, you file an unlawful detainer action against him.

As for the other conduct and your ability to get a restraining order, the answer is likely. But my question is why you don't simply change the passwords to prevent access to these accounts and further transfer of funds.

If you cannot afford local, legal counsel, I strongly recommend that you contact a legal aid service in your county. In your zip code, there is Central California Legal Services at 570*1200 or go to the following links for more info:

http://www.lawhelpcalifornia.org/CA/StateChannelLawyerProfile.cfm/County/Fresno/City/%20/demoMode/%3D%201/Language/1/State/CA/TextOnly/N/ZipCode/93720/LoggedIn/0/ilawyerprofileid/34124/State/CA/iSubTopicID/1/iTopicID/835/sTopicImage/g-housing.gif/iProblemCodeID/1630100/iChannelID/137

http://www.lawhelpcalifornia.org/CA/index.cfm

Good luck

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Answered on 2/27/07, 12:11 pm


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