Is emotional abuse enough for a judge to approve a move out order?

[Seomt89]

CA (only U.S. law)? My boyfriend lives with me his name is not on the lease and he doesn't pay any bills he has been absolutely awful to me since he's moved in calling me names all the time constantly putting me down he refuses to move out is there anything I can legally do? Or do I have to move out of my apartment to get away from him??

 

[Nellibelle]

CA (only U.S. law)? My boyfriend lives with me his name is not on the lease and he doesn't pay any bills he has been absolutely awful to me since he's moved in calling me names all the time constantly putting me down he refuses to move out is there anything I can legally do? Or do I have to move out of my apartment to get away from him??

Tell your BF that if he doesn't leave, you will call the police, who will come and make him leave unless he can prove he is a resident.

 

[justalayman]

give him a notice of termination of his tenancy and if he does not leave, evict him. I do not know if he would be considered a border (I think notice required is 7 days and after that they are considered a trespasser) or a tenant where it would require 30 days notice if he lived there a year or less and 60 days if over a year.


Unless you are in imminent fear, I would treat him as a tenant and give him the 30 day notice (or 60 days if applicable) and file for an eviction if he has not left in that time.

If you are a victim of domestic violence, when it occurs, call the police. He will leave at that point but likely not on his own accord.

 

[CdwJava]

CA (only U.S. law)? My boyfriend lives with me his name is not on the lease and he doesn't pay any bills he has been absolutely awful to me since he's moved in calling me names all the time constantly putting me down he refuses to move out is there anything I can legally do? Or do I have to move out of my apartment to get away from him??

If he is not on the lease, does your lease permit you to have long term guests?

Chances are you may have to work with the apartment management so that THEY evict you and him, and then they can rent back to you if they choose. As a tenant yourself, you may be unable to proceed with an eviction on your own.

Calling the police will avail you little since the police will NOT force him out since he lives there. If he were sleeping on the couch and living out of a backpack, they probably would. But, since I suppose the two of you were living and sharing the apartment together, they are not going to tell him to leave - at least, they would not have the authority of law behind them if they did.

If he physically assaults or threatens you, call the police. But! Even if he is arrested, unless you were to seek a temporary restraining order after such an attack that included a kick-out order, he'd still be coming back to the apartment.

 

[justalayman]

If he is not on the lease, does your lease permit you to have long term guests?

Chances are you may have to work with the apartment management so that THEY evict you and him, and then they can rent back to you if they choose. As a tenant yourself, you may be unable to proceed with an eviction on your own.

why is that? At best he is a lodger (my error previously using the term boarder). At worst he is a subtenant since he is not on the lease the OP has with the landlord.

If a lodger, he is allowed the same amount one rental periods notice. I do not know what the agreement was between the OP and her bf but I suspect it was the guy pays something each month. That would mean that he is entitle to one month's notice after which he is considered a trespasser.

If he is a subtenant he is entitled to the 30 or 60 days notice I addressed previously. After which OP can evict him just as a parent could evict their child once they become of age.

I'll defer to your experience regarding the lack of action if he is a lodger but I see no reason the OP could not terminate the boyfriend's tenancy and seek an eviction should he not leave willingly.

But! Even if he is arrested, unless you were to seek a temporary restraining order after such an attack that included a kick-out order, he'd still be coming back to the apartment.

what? Your courts do not impose an automatic restraining order in the case of domestic violence?

 

[CdwJava]

If he is not on the lease, does your lease permit you to have long term guests?

why is that? At best he is a lodger (my error previously using the term boarder). At worst he is a subtenant since he is not on the lease the OP has with the landlord.

Unless he admits to never providing ANY support for the household (i.e. never providing food, payment for a movie on cable, etc.) he is going to be considered a tenant as far as the police are concerned. The police are not going to run the risk of violating someone's civil rights and tossing them out on their ear without CLEAR proof they are not a tenant. The police will almost always "punt" and tell the occupant that the matter is a civil one and they will need to evict them.

Further, a "landlord" is the one that may evict, not another tenant. If the OP's lease allows her to sublet, then maybe she can evict him herself. But, if not, the way she will have to do it will be to have the landlord evict HER and her guest, and then (if the landlord chooses) allow her to return as a tenant.

If a lodger, he is allowed the same amount one rental periods notice. I do not know what the agreement was between the OP and her bf but I suspect it was the guy pays something each month. That would mean that he is entitle to one month's notice after which he is considered a trespasser.

The police will generally not make that call. They will almost always err on the side of caution. if a court believes him to be a lodger, then the court can order him out. The police are not going to enter that realm absent clear proof.

Unless he is sleeping on the couch and living out of a suitcase, they are going to consider him a tenant to be evicted.

I'll defer to your experience regarding the lack of action if he is a lodger but I see no reason the OP could not terminate the boyfriend's tenancy and seek an eviction should he not leave willingly.

Nothing prevents her from bluffing. But, if he calls her bluff, the police won't be there to force him out and she will have lost at least 30 days that she could have used towards the time for the eviction process.

what? Your courts do not impose an automatic restraining order in the case of domestic violence?

Nope. They can, and often do, but if the offense is relatively minor or the victim waffles or backpedals (and they most often do) the order will tend to be a so-called "peaceful contact" order. In some courts these are nearly automatic in felony cases, but not always so in misdemeanor offense cases. After an arrest the police can request from the court an Emergency Protective order with a move-out order, but that's good for no more than one week and the OP would have to then obtain a TRO or he could then return.

However, DV can allow the tenant out of a lease agreement under state law. But, the OP mentioned verbal abuse not physical abuse. At this point I suspect that an arrest or even a TRO are unlikely possibilities unless the verbal harassment includes threats of harm.

 

[justalayman]

CdwJava;3354339]Unless he admits to never providing ANY support for the household (i.e. never providing food, payment for a movie on cable, etc.) he is going to be considered a tenant as far as the police are concerned.

one does not have to make any financial contribition to be considered a tenant. It is the relationship that makes the difference.

Further, a "landlord" is the one that may evict, not another tenant.

if he is a subtenant, then the OP is his landlord. He is not on the lease and if that is true then he is neither a tenant or even listed occupant as far as the OP's landlord is concerned. That means the OP is the landlord that can evict the boyfriend.

If the OP's lease allows her to sublet, then maybe she can evict him herself.

it doesn't have to allow subletting. Even if subletting was specifically prohibited, that is an issue between OP and her landlord. It does not affect the OP and her tenant other than it gives cause to allow for an eviction of both the op by her landlord and the boyfriend by his landlord (the OP) unless she has a fixed term lease with her boyfriend. Then she could be in a world of hurt.

But, if not, the way she will have to do it will be to have the landlord evict HER and her guest, and then (if the landlord chooses) allow her to return as a tenant.

landlord cannot simply evict her without cause.

The police will generally not make that call. They will almost always err on the side of caution. if a court believes him to be a lodger, then the court can order him out. The police are not going to enter that realm absent clear proof.

fair enough

Nope. They can, and often do, but if the offense is relatively minor or the victim waffles or backpedals (and they most often do) the order will tend to be a so-called "peaceful contact" order. In some courts these are nearly automatic in felony cases, but not always so in misdemeanor offense cases. After an arrest the police can request from the court an Emergency Protective order with a move-out order, but that's good for no more than one week and the OP would have to then obtain a TRO or he could then return.

wow. In my state not only is there an order put in place upon the arrest of the perpetrator, it remains in place for months in almost all cases. Even in misdemeanor cases.

 

[CdwJava]

one does not have to make any financial contribition to be considered a tenant. It is the relationship that makes the difference.

If this guy contributed anything to the household no matter how minor - or claims he did - the police will punt. A court may decide otherwise, but the police are not going to get involved in what may arguably be a civil dispute.

if he is a subtenant, then the OP is his landlord.

Not necessarily if it is an unlawful tenancy.

He is not on the lease and if that is true then he is neither a tenant or even listed occupant as far as the OP's landlord is concerned. That means the OP is the landlord that can evict the boyfriend.

I have gone through these for a couple of decades and seen landlords forced to evict the tenant AND their "guests" (unwanted or not) even as "Does 1-5" or more. If the OP could not legally rent to the friend, then she may not be permitted to evict. But, that may be up to a court to decide if she has standing. In my experience, it is rare that a tenant has that status.

landlord cannot simply evict her without cause.

Violating the lease agreement by permitting a long term guest is usually where they go with it. Though I have seen some people try and get around these rules (say, one week) by claiming that the BF leaves for a day every 7 days and then comes back. There are people that are experts at dodging these rules.

wow. In my state not only is there an order put in place upon the arrest of the perpetrator, it remains in place for months in almost all cases. Even in misdemeanor cases.

Not so, here.

 

[davew128]

Tell your BF that if he doesn't leave, you will call the police, who will come and make him leave unless he can prove he is a resident.

is that your final answer or do you want to be dope slapped?

 

[Zigner]

Tell your BF that if he doesn't leave, you will call the police, who will come and make him leave unless he can prove he is a resident.

That's terrible advice. The police will come out, the BF will state the he lives there and then the police will tell the OP that she needs to go to court. All this accomplishes is to throw gasoline on to the fire.

 

[Just Blue]

CA (only U.S. law)? My boyfriend lives with me his name is not on the lease and he doesn't pay any bills he has been absolutely awful to me since he's moved in calling me names all the time constantly putting me down he refuses to move out is there anything I can legally do? Or do I have to move out of my apartment to get away from him??

How long has BF lived with you?

 

[Zigner]

How long has BF lived with you?

This will be an important question for determining the amount of notice required, but not for determining whether or not he is a tenant. The OP is clear that he lives there, so there really is no question about his status as a tenant.