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  1. #1
    Join Date
    Jul 2005
    Location
    Sherman Oaks, California
    Posts
    2

    Default Boyfriend refuses to leave; He's not on the lease and doesn't pay rent

    I have been living with my boyfriend (now ex) for a year in an apartment that is in my name only. He does not pay rent (except an occasional contribution -- probably $800 total in the past year) and rarely helps with the utilities. He has been a horrible person to be with and I want him to leave.

    Two of the utilities are in his name (phone & cable -- if that matters) and he claims that this proves he has established residency and therefore I cannot kick him out. (he is an unemployed wanna-be hollywood screenwriter and works occasionally as a script consultant but with no steady income)

    He is abusive emotionally and a philandering pig. I can not be in the same place and have been living on my mother's couch and still paying the rent for the past 3 weeks-- as I am in a lease and would be sued if I didn't pay. I don't want to lose my home or ruin my credit, otherwise I would move. I emailed him a formal request that he must leave in 30 days.

    I know he is looking for a place but at the same time is constantly begging me to give him another chance which leads me to believe is search efforts are all bullsh*t. I want him to stay with his brother until he gets situated but he refuses to do so.

    What do I do??? He is not on the lease. He does not contribute to the rent. Do I really need to give him a formal 30-days? Does he have any rights? I want him to leave before I go insane.

    Please help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default California Eviction

    I don't know of a way around the thirty day notice requirement; but perhaps a local real estate lawyer will be aware of a way around that requirement.

  3. #3
    Join Date
    Jul 2005
    Location
    Sherman Oaks, California
    Posts
    2

    Default 30-day notice sent via email. Does that count?

    If he doesn't leave after 30 days, then what do I do?

    He is not on the lease. I don't understand why he has the same rights as someone who is on a lease.

    Also, does the fact that he has two utilities in his name make a difference?

    He doesn't pay rent. Can I serve him a 3-day notice to quit? Can you serve this type of notice to someone that is not in rental contract?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Eviction

    You can proceed with an eviction, if he doesn't move within the required period of time. If you wish to see if you can move things along faster, or need help with the eviction process, I suggest you consult with a local attorney who handles eviction actions.

    More information on California landlord-tenant law is available from the Department of Consumer Affairs, and the California Courts.

  5. #5
    Join Date
    Aug 2005
    Location
    Los Angeles
    Posts
    5

    Default We may be able to help you

    Hi,

    I am producing a pilot for a new television court show, and I'd love to hear more about your story to see if we can help you out. If you are interested in finding out more details, please email me ASAP at TVProducer60@hotmail.com, or feel free to call me (Melissa) at 323-956-5635.

    Thanks, and hope to talk to you soon!

  6. #6
    Join Date
    Sep 2005
    Location
    Wisconsin
    Posts
    2

    Default

    I don't know what the actual "laws" are about this, but I was living in an apt. with my kids' dad, and he whooped my butt on quite a few occasions. I repeatedly told him to leave - not on lease, not paying rent, nothing - and he wouldn't go, claiming that because his mail came here, he lived here, too bad for me. I finally just called the police to come when it got real ugly one night (actually I called my mom who called the police for me - he would take the phone away from me when I tried to call) and he hasn't been back since.
    I don't know how volatile your relationship is, but if he's abusive, that may be all it takes.

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