If in a rental is in both our names, can my boyfriend just evict me because we don’t get along and he pays for everything?

I have 2 kids with a man that I live with and he supports us all. We’ve been together for 5 years but living together for almost 4 years now. I have 0 income since I stay at home to take care of the small kids.

Asked on December 1, 2011 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You cannot be evicted by someone who doesn't own the property. You rent a home or apartment with someone. If you are both on the lease, he can leave but he is still on the hook for your lease you have together and thus still liable to the landlord. You need to decide if at this point it will be wise for you to find employment and have someone take care of the small children while you work or see if you can qualify for assistance. Keep in mind if you decide to go for public assistance and you can qualify for section 8, you may still need to pay a portion of those fees and you need to see if your landlord will allow Section 8 tenants (some do not). If your boyfriend thinks he can evict you, he is sorely mistaken.


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