Legal Question in Landlord & Tenant Law in California

Legal Reasons for Eviciton

My boyfriend and I have been living together for the past 11 months in a condominium that I have owned for 12 years. He has never contributed to the the mortgage (I have not required him to do so due to his financial situation). We are in the process of breaking up but he refuses to move out. Do I have to go through the eviction process? And, if so, what legal reason do I use to evict since I never asked him to pay rent?

Thanks!


Asked on 11/17/03, 9:29 am

2 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Legal Reasons for Eviciton

The definition of a hiring of real estate in California is fairly liberal and broad. Even if he didn't agree to pay rent, he probably could argue that there was an agreement for him to provide valuable services of different types. It is probably prudent for you to assume he's your tenant, and evict him accordingly. Since he has been there only 11 months, you only need give 30 days written notice to terminate a month to month rental agreement (which is what this is in the absence of an express written agreement). But it becomes 60 days after he has been there 12 months, so you would need to move soon. Then you can file to have him removed. This is probably the least ugly available approach to get rid of a boyfriend/girlfriend who has lived there quite awhile. There are others, but they usually risk involvement of the criminal system.

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Answered on 11/25/03, 7:08 pm
Larry Rothman Larry Rothman & Associates

Re: Legal Reasons for Eviciton

You can give a notice and we can help you with an eviction. Please contact our office for consultation. 714 363 0220.

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Answered on 11/18/03, 10:04 am


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