Check out some similar questions!

Onoyo · Apr 21, 2006, 08:44 PM

I own my own home, my b/f has lived with me since 06/95. There is no lease or written agreement between us regarding payment of rent etc. He has paid the monthly bills incurred and occasionally part of the property tax. The relationship has gone bad and I asked him to leave. Do I have to serve him an eviction notice going the legal route ie; filed with the court? I'm in California. I've read that it's 60 day notice for tenants of over one year. Legally, is he regarded as a tenant?

excon · Apr 23, 2006, 10:23 AM

Hello Onoyo:

Once you, the property owner, decide that you want him out, legally speaking, he's either a "trespasser" or a "tenant". Legally, I don't know if he's a tenant or not. Did he pay "rent"? That may be a matter of the courts to decide. Which brings me to my point.

In the short run, I think it's going to be YOU who must determine his legal status. Given your situation, I suggest that you declare him a trespasser and act accordingly. If you're wrong, you may be sued for unlawful eviction, unlawful arrest, and all sorts of bad things. The good news is, he will be removed immediately.

I say it's YOU who needs to determine his status, because if you leave it up to the cops, I'll bet the cops will say he's a tenant, and for you to take the matter to civil court. And yes, it could take months to actually evict him. Of course, during this time, your home and even your safety may be at risk.

You could also obtain a restraining order requiring him to stay at least 100 feet away from you at all time. That would constitute an eviction without having to actually "evict" him.

I also think there may issues of ownership to your house given that he's paid taxes on it. Therefore, I think your situation goes a little deeper than the immediate living arrangement. What you do now probably will have some effect on your property down the road. It is with that in mind, that I suggest you hire an attorney.

My advice is good, but I am, after all, an exconvict.

excon

VegasRealEstate · Apr 23, 2006, 10:56 AM

He is a tenant. You have to legally evict him. The fact that you have been living together for over 10 years and he has been helping with property taxes and possibly with the mortgage payment, that could pose a problem for you.

I would contact a real etate attorney and run your scenario by them and see what they recommend. You might be in a common law marriage? Not sure. But I would definitely encourage you to speak with an attorney.

Fr_Chuck · Apr 23, 2006, 01:27 PM

If you were in GA or TN you could just change the locks and he would have no rights what so ever since he is not listed on the deed to your house and he would never have legal rights to your house unless you got married or you signed it over to him.

But if you are breaking up, I would just tell him to leave and get out and see if he goes, if he leaves, then your have him out.
And the worst thing that could happen, is he sues you for rental value.
I often believe in my opinoiin anyway, you can't live with someone in your house you don't want in your home. Get them out, and deal with them in court if you have to.

singleparent · May 7, 2006, 07:43 AM

I am living in Georgia. I took the advise of the friar (is it friar?), but I thought carefully, searched the internet on my rights as the home owner, and then yesterday decided to take the belongings of my daughters' father (who had moved his belongings into my home secretly,3 months ago when he borrowed my car with my house key attached) and put them outside and changed the locks.
Of course, he called the police, the police came into my house, I locked the door behind them when they entered. They were telling me of his rights, and that if I wanted him out I could have secretly gone down and taken out a dispositionarry warrant, and then after two weeks put his things out. (they are avoiding a lawsuit, they have to be careful what they say.) he was threatening and intimdating me by singing songs with threatening lyrics repeatedly, he also had threatened to slap our 13 y.o. the officers said that he had established residency. I say no. I have the right to protect myself. If it's your property, your name on the deed, you have the right to change your locks, and if he's outside of the house, it's to your benefit. He has to break it to enter and that's damaging your property and it's also breaking the law. When the officers went outside to talk with him, I locked the door behind them. I told them that I am going to lock the door behind them. He had no key, so therefore, he cannot enter only by force and/or destroying your property. The police told him it would be better if he would leave, but he was determined, because he said he knew his rights, that I cannot put his things out and change the locks. Yes, I can. Since he is out, and he has no key, he has to go to court to get an order to be allowed back in and that is a hassle. The police told him to just leave to keep the peace. They left shortly. He walked around my house, cursing that the officers didn't know the law, and that they should have ordered me to open the door and let him in. I closed all the windows and doors as he was walking around the house. He went to my other neighbors and called the police again. Same officers came. He had to get his clothing (that's all he had) and leave.
I am at peace this morning, with calm and quiet. No one bullying me and daring me to call the police and telling me I can't evict him. I tried to work this out amicably by paying for a hotel room for him for two weeks, but he didn't want to. He might be able to take me to court, but at this point he's out, and the most he could get in court is money.

Onoyo,
My suggestion to onoyo, do not let him pay for or do anything that is related to your property painting, fixing etc. obviously he is calculating/premeditating his actions because he has been paying part of your property taxes, because he probably has been reading on property law. How devious! Do not let him be aware that you what he has been plotting. Secretly get all documents, receipts etc. you still do have control and rights to your property. If it does go to court, your chances are greater than his because it is only your name on the property deed.

I am not a lawyer, these are all my opinions, go to your legal aid clinic, they will talk with you for 30mins to an hour for a fee of maybe $30. I wish you the best.

VegasRealEstate · May 7, 2006, 11:57 PM

Single Parent,

I don't know your landlord tenant laws in your state (but in Nevada), if your child's father was living (Recieves Mail, has clothing, pays bills) with you and you changed the lock, he would have every right to use whatever force necessary to make entry into his home. He would not be charged with damage to property.

Hopefully in your case the law would side with you if he used force to enter your home, but if you lived in Nevada, the Police would not do anything unless he used physical force on you.