he has never paid for any of the rent. He also threatens to take my belongings. Does anyone know what my rights are in the state of CA? he is also not on the lease.
2007-06-10 20:03:22 · 12 answers · asked by jmattiace29 1 in Politics & Government ➔ Law & Ethics
Call the Police and have him removed. If he is not on the lease, he has no right to stay there.
I'm really surprised at some of the other answers here. You do not need a lawyer and you certainly should not go to the trouble of moving out yourself just to be rid of this guy. You have a couple of viable options.
1. Inform your landlord of what is going on. They own the property and can resolve the matter quickly. Most landlords will not allow someone to live in one of their properties without being on the lease.
2. Tell him he needs to leave. If he refuses (and you are afraid of his response to witnessing you call the Police) leave your residence and contact the Police. Meet them at a different location and have them follow you back to your residence. He is not on the lease and you are not married. He has no legal right to be there. If you are worried he will still bother you afterwards, get a protective order from the court.
If you still aren't sure you are legally allowed to do this, call the Police and ask them. A lawyer will obviously tell you that you need his/her services. That's how they make a living. You don't need to pay to have peace in your own home.
2007-06-10 20:09:25 · answer #1 · answered by dh1977 7 · 2⤊ 0⤋
Very sticky situation here. First let me say I have no idea about California law and my answer is based solely upon my experience with the law here. I can tell you that here this is the type of situation that is hard for the police to deal with as it is mostly a civil dispute. How long have you been together? If he has lived there for a long time he has established residency there. Even if he has not technically paid any of the rent he certainly may be able to show that he has contributed to the househould. If he has any source of income at all he probably has contributed something (paid some of the bills, bought some of the stuff there, paid for other things that you both benefited from and therefore allowing you to have the money to pay for the rent etc)
The fact that you say he "threatens to take your belongings" makes me think that there is a dispute over what are your belongings and what are his because basically many things up until recently were considered as belonging to both of you (meaning you would call it our TV, our bed, our new sofe etc instead of my or his). Basically you have been "living together as spouses" and this is probably not going to be something the police can sort out. Unfortunately if he is stubborn you may have to either move out yourself or get a court order to get him out. This sounds stupid the the laws are in place to prevent people from all of a sudden finding themselves homeless because they have a falling out with someone that they live with.
If there are any criminal matters here (abuse, threatening etc) then the police could get invovled but so far sounds like a civil dispute.
Again this is based on what I know about my state's law and some attorney or police officer in CA may respond saying I am totally wrong but this is my understanding of what issues you face.
2007-06-10 20:25:40 · answer #2 · answered by CountyMounty 4 · 1⤊ 0⤋
If he is not on the lease, he has no right to live there. I'm sure there's got to be a formal process to go through to get rid of him... but here's a thought... you'll have to judge how feasible it is, based on how well you know him.
Since he's threatening you... at least, threatening to take your belongings... if you can honestly say you're afraid of him, you are entitled to get a restraining order that would prevent him from contacting you at all, and from entering or being within, say 300 yards of the house. I'd change the locks to the house the same day the restraining order is served on him, and drop off all his things with a mutual friend... someone who can contact him and tell him what the deal is... That he is legally prevented from entering the home, that the locks have been changed, and that you have moved him out.
2007-06-10 20:13:58 · answer #3 · answered by Amy S 6 · 1⤊ 0⤋
Call the police and have him removed and then put a restraining order on him. You don't need someone who threatens and dosen't even contribute to the rent. Meet new people, sounds like you deserve someone better than that.Good Luck!! P.S. maybe once your lease is up you can move and he won't be able to find you, stay away from him he sounds no good!!
2007-06-11 02:14:35 · answer #4 · answered by 24Special 5 · 1⤊ 0⤋
hey girl you need to call your local low cost legal referral office tomorrow. find out what the best thing to do is asap because waiting longer will only make things worse. chances are he has no rights and even if he did he probably wont spend the money or time battling you in court. i say you should play it off like everything is cool and the next time he leaves for a coupe of hours change the locks, respectfully pack ALL his belongings and gifts and drop them off at his folks house or leave them on the front step. problem solved. if e is crazy enough to break anything of yours, HELLO call the cops.
2007-06-10 21:12:00 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Move out when he is not around. Tell the landlord what is happening and ask to be let out of the lease. Then the landlord can prosecute him for living there. Get a protection order against him as well.
2007-06-10 20:24:42 · answer #6 · answered by mamadixie 7 · 0⤊ 1⤋
Best to be right. Contact a lawyer. It will cost you but it is best to be right and do it right the first time. I believe if he is not on the lease he cannot claim that as his address. Maybe you can contact the rental office. They might direct you to the person or persons to contact to have him removed.
2007-06-10 20:15:59 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Hmmm, depending on local laws, he might have grounds to stay. (ok my source on this is from watching cops)
If that is the case talk to the apartment owners and see if you can move to another unit, leaving his sorry butt behind lol.
Or just move out completely horde your money in the bank if you can for expenses, have the utilities shut off and tell him you need money to get them back on, add that money to your horde of course.
2007-06-10 20:20:30 · answer #8 · answered by Anonymous · 0⤊ 1⤋
It is best you leave; behind his back and subtly. You will save yourself the hassle of having to throw out him out by dealing with cops.
2007-06-10 20:13:04 · answer #9 · answered by Green 3 · 0⤊ 1⤋
Go to your local magistrate's office and file eviction papers. Then have the police serve them on him.
2007-06-11 03:13:13 · answer #10 · answered by Elizabeth S 1 · 0⤊ 1⤋