Tenant or Roommate? *HELP*

[mph821]

California

Do I have the legal right to evict my live-in boyfriend who qualifies more as a roommate than a tenant? I own my home, yes he lives with me and pays the utilities but not my mortgage. In fact, in over three years he has never given me one dime to put against my mortgage payment. Alas, our relationship is failing and I want him out. Do I have to give him a 30 day notice? or can I ask him to go? Must I get a restraining order to have him physically removed if he refuses? We have never signed a lease agreement or any official paperwork. What are my rights as the property owner?

 

[nextwife]

Do I have the legal right to evict my live-in boyfriend who qualifies more as a roommate than a tenant?

Yes, follow CA landlord tenant laws and give proper notice. He would fall under month-to-month tenancy.

I own my home, yes he lives with me and pays the utilities but not my mortgage. In fact, in over three years he has never given me one dime to put against my mortgage payment. Alas, our relationship is failing and I want him out. Do I have to give him a 30 day notice? or can I ask him to go?

Certainly you can ASK, but he is legally entitled to proper 30 day notice.

Must I get a restraining order to have him physically removed if he refuses? We have never signed a lease agreement or any official paperwork. What are my rights as the property owner?

A restraining order is NOT the proper or appropriate way to deal with tenant eviction. Just because you don't WANT to wait thirty days, does NOT mean you get to just run out and get a restraining order! A RO is for THREATENING behavior, not landlord impatience.

 

[mph821]

what if...

What if my property or my well being is in jeopardy? if he intentionally destorys property, does he still have 30 days? SO, by law, I have to live in the same house with someone who is hostile over our break up and hope that he doesn't do anything destructive? Dang!

 

[nextwife]

What if my property or my well being is in jeopardy? if he intentionally destorys property, does he still have 30 days? SO, by law, I have to live in the same house with someone who is hostile over our break up and hope that he doesn't do anything destructive? Dang!

IF he starts trashing the place, THEN you have cause to get a RO. Being unhappy about still having him around is NOT a reason for a RO. He has a right to have an appropriate amount of notice to find a place to move himself and his stuff.

LLs have to deal with this potential all the time. You CHOSE to create the tenancy. Now you must follow the law that applies to MTM tenancy.

Maybe if you buy him off, he'll move sooner. Financial incentives are always a good way for LLs to get tenants to vacate early.

 

[ecmst12]

If he becomes threatening during the 30 day period, call the police. If you truely fear for your safety, then a RO would be a reasonable option. Otherwise, give the poor schmuck time to find a new place.

 

[strytus]

just asking, not giving any advice:

is it true, you as a landlord get more rights if you live in the same place as your tenant? I thought (as landlord and tenant lives together), the landlord must give tenant 30 days notice. Then after the 30 days notice, the landlord may begin move the tenants belongings out? I know it is a landlord/tenant issue, but I always thought the landlord has more rights in a situation like this.