If my son’s father and I live together but he is not on the lease, how do I get him out?

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If my son’s father and I live together but he is not on the lease, how do I get him out?

He needs to leave due to the relationship is over. I’ve asked him a million times to go but he won’t leave.

Asked on October 26, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If he's not on the lease and also not paying rent, he is a guest, not a tenant or subtenant. As a guest, you can evict him at any time--guests have no right to stay someplace without permission. If he will not leave, you need to file an ejectment action (eviction for non-tenants) against him in court; since he does not have a right to live there without your permission, you should win the action, after which court officers should remove him.


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