Legal Question in Real Estate Law in California

My boyfriend (now ex) and I moved into a place together last May, we are both on the lease. He got a job in Utah and moved out there beginning of September. I stayed in our place payed the rent and everything all myself from August until now. We didn't take him off the lease, plan was originally for me to try and move out there in the next year. In March he lost his job and he moved back home the beginning of April. I had begun doubting our relationship and decided it wasn't what I wanted and broke up with him the end of April. I told him he could continue to stay in the house until the end of May, I have been staying elsewhere. Our lease is up in May and I tried to sign a new one without him but he has decided he isn't leaving and that I need to leave. Management is staying out of the mess and has told us that we need to come to a decision on who will be signing the new lease. He is creating a lot of issues pertaining to the lease and feels he has rights to stay because he is on it and wants to and is upset with me. Do I have any legal rights as far as getting him out of the house if I choose to do so being that I have lived in and paid for everything in the house from August to May?


Asked on 5/20/16, 8:03 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, look at your present lease. Does it have anything giving the two of you a guaranteed renewal option? Renewal options are common in commercial leases, relatively rare in residential leases. Unless you have a guaranteed renewal, it'll be up to the landlord whether to rent to you, to the ex-boyfriend, to the two of you, or neither of you. Going to court isn't going to help; the judge would say there are no rights to enforce here.

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Answered on 5/20/16, 8:45 am


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