Legal Question in Landlord & Tenant Law in California

Made the mistake of adding son's name to lease of apartment in January. He is abusive to his brother and to me (his mom)- not physical beating, but pulls brother's hair and basically pushes him around while verbally assaulting both of us (he 28, his bro is 16). Because we are not in immediate physical danger (he knows how far to go and to not leave marks), restraining order won't happen. He is not helping with rent, will not look for work, and refuses to move. He boasts that I will "never, ever, get me out, legally". My 16 yr old and I cannot afford to move somewhere else. Is there anything I can do to legally remove him from the lease and then evict? Do I have any chance of staying here and getting him out?


Asked on 5/02/14, 9:45 am

1 Answer from Attorneys
Brian Rosales Harris, Rosales & harris

A restraining order which includes a provision requiring him to move out is the way to get him out. However you are justified in your view that it will be hard to get such an order without your being in physical danger. (I would note that hair pulling is a physical assault and that a judge would not ignore that issue.) It is still possible that a judge may grant a restraining order based upon extreme emotional abuse combined with some physical abuse.

The resrtaining order may be worth a try as co-tenants cannot evict each other as there is no landlord/tenant relationship between them.

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Answered on 5/02/14, 10:14 am


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