Legal Question in Landlord & Tenant Law in California

Boyfriend won't move out!

My boyfriend and I are breaking up. We have lived together for nearly eight years. The first 7 1/2 years we rented together. Last May, I bought a house. It is all totally in my name. He has never given me any money toward my house (for mortgage, utilities, etc). He is unemployed. At first I said he could stay as long as needed until he found a new place, but that is not working out. We don't get along and I want him to leave asap. We have three dogs together. He refuses to leave saying all his stuff and his dogs are in my house. He says I need to serve him with eviction papers if I want him to go. Is this true. Do I have to serve him with eviction papers if he never contributed monitarily to the household? Please advise. How do I get him to leave?



Asked on 2/04/05, 5:48 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Boyfriend won't move out!

You probably should, to be safe. Explain to him that he needs to start paying rent if he wants to stay. That might get him to move. Otherwise, serve him with a 30-day notice to move, and file an unlawful detainer action if he doesn't.

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Answered on 2/07/05, 2:00 pm
Larry Rothman Larry Rothman & Associates

Re: Boyfriend won't move out!

Since he has rented from you for under a year, give him a 30 day notice. You may have some other obligations or notices if you live in a rent control city. Please call me if you have any more questions.

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Answered on 2/06/05, 12:20 pm
Gabriel Avina Law Offices of Gabriel H. Avina

Re: Boyfriend won't move out!

Since you own the house and he was never a tenant in a traditional Landlord/Tenant relationship, then he should leave when you tell him to.

He seems to think that Rent Control applies to him. This is wrong since you don't own an apartment complex, but a house instead.

You could also call the police and obtain a restraining order if he resists leaving.

However, it might be best to give him written notice that he has 30 days to leave since he has no longer has any right to stay.

If the police refuse to do anything, you might need to formally evict him. You will most likely need an attorney for this.

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Answered on 2/04/05, 8:32 pm

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