Legal Question in Landlord & Tenant Law in California

Re: Evicting ex with no agreement after relationship ends

If the ex was/is a "tenant" who is not on the lease, nor bought into the mortgage payments, etc..then, you would approach this matter legally under an unlawful detainer action. If you would like a free phone consultation to give us more facts, contact us directly this week.

Re: Evicting ex with no agreement after relationship ends

See an eviction specialist lawyer.

Re: Evicting ex with no agreement after relationship ends

You raised two questions:

1. What do I need to do to get him out? If he (1) is not on a written lease as a tenant, (2) has no verbal agreement with you that he is a tenant, then you file a lawsuit against him to evict him. It is known as an Unlawful Detainer lawsuit, which is an eviction. It is a summary procedure, and typically, even if he answers the complaint, you can have him out within 4-6 weeks.

Second question: Does he have any chance of claiming stake in the house or other property? Based upon the facts you have presented, the answer is: Most likely, No. If he makes such a claim, find a good real estate litigator. We are litigators familiar with such issues; and if/when you are ready to proceed, please feel free to call or email. Consulations are no charge.

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Re: Evicting ex with no agreement after relationship ends

If he is simply a ''lodger,'' that is he has access to the house and lives there from month to month, you may have him removed after 30 days notice by the police. You give him a 30 day notice, and if he does not comply with it, you have him arrested for trespassing. Good luck.