If I would like my boyfriend to move out but he refuses, what steps do I need to take next?

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If I would like my boyfriend to move out but he refuses, what steps do I need to take next?

I own the home.

Asked on July 12, 2011 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he has been paying any rent or a form of rent (such as utilities) he is a "tenant", whether or not you have/has a lease agreement. If he has been living with you for an extended period of time then he will be considered to be a "licensee" (that is someone who was invited to live on the premises by the owner). In either case the legal way to now remove him is to serve him with a written notice (30 or 60 days).  If he still hasn't vacated by the time specified in the notice you will need to file an unlawful detainer action (i.e. eviction) in court. Once a judge issues an order to vacate, your boyfriend must vacate the premises. If he doesn't you can contact the sheriff who will remove him (by physical force if necessary).

In the meantime do not use any "self-help" measures such as changing the locks or removing his belongings. If you do you can find yourself on the wrong side of a civil suit, or even criminal case  Additionally, make sure to comply with all steps according to the letter of the law. You may want to speak with an attorney who specializes in landlord/tenant matters.

Here is a site that you will find to be of help:  http://www.courtinfo.ca.gov/selfhelp/other/landten.htm


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