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boyfriend not on lease, and hasn't paid rent. How to kick him out?

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doodoosan

Junior Member
What is the name of your state (only U.S. law)? - I'm in California.

I moved into a rental with only my name on the lease, and I've been the only one paying rent although my boyfriend has been staying her as well for 3 months. I want to kick him out but he is savvy when it comes to the law with renters. He has not paid rent at all, not even half the entire time.

What can I do to get him out legally? Any advice would be appreciated. Thank you.
 


doodoosan

Junior Member
None of the eviction proceedings apply since he is not on the lease and was not responcible for rent. Which is why I'm lost as to where to begin.
 

CourtClerk

Senior Member
None of the eviction proceedings apply since he is not on the lease and was not responcible for rent. Which is why I'm lost as to where to begin.
Wrong. All of the eviction proceedings apply. Just because he doesn't pay rent doesn't mean you don't have to LEGALLY evict him. Since you don't know that, I suggest you seek the help of a landlord/tenant attorney.

Therefore, depending on how long he's lived there, serve him with either a 30 or 60 day notice to vacate. If he doesn't leave, file an unlawful detainer.
 

justalayman

Senior Member
He has not paid rent at all, not even half the entire time.
is he supposed to?

If so, you can evict for failure to pay rent.

You are his landlord and you must evict following Cali landlord tenant law.

If he was never supposed to pay rent, it is merely the safest way to get rid of him. Just treat him as a tenant and terminate the agreement, per Cali law and if he does not leave, evict him.
 

doodoosan

Junior Member
Thanks everyone. The verbal agreement between he and I bascially was that he'd contribute when he could. He never has stepped up, but beyond that I want to break up and I was worried he'd pull something when I told him to leave within a week.
Since I'm not the owner of the home I was assuming I wasn't the landlord. But it sounds like you're saying that is the case (even though he's not on the lease).

SO when I ask him to leave, if he goes, fine. But if he says he has "right" is when I need to take legal action? Is that correct?
 

doodoosan

Junior Member
is he supposed to?

If so, you can evict for failure to pay rent.

You are his landlord and you must evict following Cali landlord tenant law.

If he was never supposed to pay rent, it is merely the safest way to get rid of him. Just treat him as a tenant and terminate the agreement, per Cali law and if he does not leave, evict him.
It was just an agreement between him and I that he would help split it. He never has. So I would be terminating the verbal agreement? Which form would I be using for that? So sorry... I'm obviously lost when it comes to this stuff. Thanks for the help!
 

CourtClerk

Senior Member
It was just an agreement between him and I that he would help split it. He never has. So I would be terminating the verbal agreement? Which form would I be using for that? So sorry... I'm obviously lost when it comes to this stuff. Thanks for the help!
There is a specific summons and complaint for Unlawful Detainers you can buy at the courthouse. However, again... if you are not familiar with this process, you should seek the help of a landlord/tenant attorney. If you choose to do this yourself, you may find yourself spending a whole LOT of money because if you do one thing wrong, the right judge will throw the whole case out of court and make you start again. At $195 per case filing.... that can be a very expensive endeavor.
 

doodoosan

Junior Member
There is a specific summons and complaint for Unlawful Detainers you can buy at the courthouse. However, again... if you are not familiar with this process, you should seek the help of a landlord/tenant attorney. If you choose to do this yourself, you may find yourself spending a whole LOT of money because if you do one thing wrong, the right judge will throw the whole case out of court and make you start again. At $195 per case filing.... that can be a very expensive endeavor.
Thanks so much!
 

The Driver

Junior Member
I'd change the locks and put his property on the curb. This might open yourself up to some type of civil suit but you would be rid of the bum.
 

ecmst12

Senior Member
Your verbal agreement sounds pretty flimsy. You will need to give him 30 days written notice to move, and if he does not, THEN you can take him to court.
 

CourtClerk

Senior Member
Your verbal agreement sounds pretty flimsy. You will need to give him 30 days written notice to move, and if he does not, THEN you can take him to court.
Just to clarify, 30 days if he has lived in the unit under 1 year. 60 days if over 1 year.
 

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