Legal Question in Landlord & Tenant Law in California

I have lived with my boyfriend of 9 years in a fifth wheel trailer which is in his name and paying 1/2 of 425.00 monthly space rental and half of electric bill (approx 100) ffor over 3 years. We both had to fill out the application and were approved to move in, yet only my name is on the electric bill because I qualified for the low income discount. We are not getting along at all, he has been verbally abusive but getting more violent and he has thrown me out at all hours about 15 times over the past three years. My question is...can he legally do this? I would like to think that he would allow me a week or two to find a place to move to but he doesn't and he is doing this more often and with more violence. I plan on going for a restraining order hoping he will realize he has to be civil and can't get mad and expect me to move that instant and physically picking me up and throwing me out the door.is wrong! Even on unemployment , I always pay my half and I am an online student and he throws me out and I have to find a place where I can get online even though I pay all that bill myself. I am usually actively seeking employment but the past 3 months slowed up a it to get major dental work done after having a glued in broken tooth fall out mid interview!. I realize the relationship is not healthy and I don't want to be with him but I just feel that I shouldn't be the one put out on the streets because he can't resolve conflict like an adult..


Asked on 12/21/09, 2:15 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Since you are not married and the trailer is in his name alone [I also assume he purchased it before you started living with him], you have no ownership rights. Upon its sale, you might be able to get back a portion of the profits because of the rent you have paid on it. Under the Lee Marvin case rule, you might also be able to get more if he promised to take care of you for the rest of your life.

But in the restraining order, you might be able to get the judge to agree that he has to move X yards away from you, meaning tha you get to stay in the trailer and he has to leave. That is often what happens in favor of the wife as to the violent husband when a married couple living in a house.

In the meantime, start looking for a place to live. Adults who are violent rarely change theri behavior. The violence often stems from some deeply rooted psychological factor which makes the person feel he has to act that way. Women generally hope that they can change their boyfriend's, but it rarely occurs and may even lead to changes that are opposite to what attracted her to him in the first place. Your life is at risk; do not wait anymore to act to protect yourself, including calling the police when he acts that way.

Good luck.

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Answered on 12/26/09, 8:53 am


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