Legal Question in Landlord & Tenant Law in California

Getting a roomate out the apt who isn't on the contract

I have my childrens father living w/us to help both him and us out. He is not on the contract. All the bills are under my name. I want him out of the house, but because he pays half of everything and has belongings in the apt, he says that no one can make him leave, not even the police if they came to escort him out. Is this true?


Asked on 12/29/06, 1:33 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Getting a roomate out the apt who isn't on the contract

He has become more than just a guest in your home. You've allowed him to live there and you can't just simply kick him out. You will need to follow the proper legal procedures to remove him just like just like he was a tenant who was holding over after the end of a lease.

The police won't simply remove him unless you obtain a court order (i.e. an eviction lawsuit or a domestic violence removal order).

Unless you have grounds for a domestic violence restraining order, you should consult a local attorney who specializes in evictions to discuss the specific procedures you must follow. Evictions are very technical and it is very easy to make a mistake if you do not hae an attorney.

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Answered on 12/29/06, 1:45 pm


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