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  1. #1
    Join Date
    Jan 2006
    Posts
    1

    Default Is ex-boyfriend lodger or tenant at will?

    I own a single family residence in San Diego County, CA. When I bought it in November 2003, I moved in with my boyfriend, where he has one bedroom for himself, and can use the whole house. We never signed a lease, and I did not require that he would pay me rent or utilities.

    Since October 2004 he is unemployed. He has an alcohol problem since before I knew him, got 2 DUIs, went through some rehab he was sentenced to, but always goes back to heavy drinking. For the longest time I supported him because I thought I could help him getting away from the alcohol. He always could eat my food. First he got unemployment money than I gave him occasionally some money.

    A few weeks ago I finally told him that I want to quit our relationship, and asked him to move out within 30 days. After 23 days of no signs that he would plan to move, I sent him the 30 day notice by registered mail as well as a 2nd one with UPS, which he both refused to accept. I then had a neighbor serve him the notice personally. After being served with the notice he told me I will have to go through an Unlawfull Detainer to get him out.

    My questions: 1. Is he considered a lodger or a 'tenant at will'? 2. Was the 30 days notice all I needed to do? 3. Might he be under some kind of protection by law as he is unemployed and has an alcohol problem? 4. Will I have to go through the Unlawfull Detainer process?

    Thanks to everybody for giving me some information!

  2. #2
    Join Date
    Jan 2006
    Location
    Non-Domestic
    Posts
    79

    Default

    If there is no lease agreement or rental or staying agreement then he can not be treated as a tenant but rather as a lodger, or a guest. You may at any time demand that he leave. You can file a unlawful detainer against him if you like. One of my friends had a similar problem. she took the easy way. took all of his stuff while he was out and put it on the front yard changed the lock on her doors and posted a notice on the door. stating that he was not welcome here anymore and to get his stuff off from her property. She had called the police ahead of time and had requested an officer be put on notice nearby just in case of any happenings. Needless to say she put in the letter on the door since she did not wish to speak with him further that she would call the police if he steppied foot inside again, and have him charged with trespass.. needless to say it worked and she never heard from him again.

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