Legal Question in Landlord & Tenant Law in California
My fiance (well ex now) have rented a home together for the last 3 yrs. The landlords are my family. We split up and he had abandoned the home for 2 weeks he left on 7/18/14 except for a couple days he came over to help with yard work but never actually came here to stay. Today on 8/1/14 he took most of his belongings. Mainly just anything he thought he could sell and his clothes. I have no intention on keeping any of his crap but I'm not comfortable with him having access to the home as he pleases when he's not living here. I have pain medication from my Dr that I've been having to hide thinking he might steal just to be mean. Since we are both on the lease with the landlord what do I need to do to be able to legally get him out and get the keys back. I know I can't change the locks yet since he's technically still a tenant. Does the fact that he hasn't been here in 2 weeks make this easier and/or faster to get him off the lease and the keys back? Any feedback would be greatly appreciated. He hasn't been physically abusive but he has punched holes in the walls and our tv, he's also spit chewed up food in my face (mature I know) and he's also threatened to burn down the home we live in and also my parents home so I'd "have nowhere to go" according to him. Would that be a good enough reason to get him out since I'm scared of what he'll do? I don't think he'd physically hurt me but am afraid of how much more damage he'll do in this home if I have to allow him access 4 the next 30 days. Sorry for such a long question just trying to cover all bases. I appreciate ur time and promptness in answering this question.
2 Answers from Attorneys
First you have to talk to him and find out what he intends to do with his lease. If he wants to keep it then he must pay his share of the rent and follow lease terms. The fact that he doesn't stay there full time is not an excuse to evict him. If he says he is giving up the lease and will no longer pay rent you should then ask him to return the keys. I would recommend you to change the locks as well.
As for his violent acts, you can certainly obtain a restraining order.
His conduct absolutely qualifies for a domestic violence restraining order. That is the only real and immediate remedy you have available to keep him away while you sort everything else out.
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