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    jcomoe's Avatar
    jcomoe Posts: 1, Reputation: 1
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    #1

    Nov 1, 2012, 09:51 PM
    How do you evict your roommate?
    I have an unusual ex boyfriend / room mate situation that I don't know how to handle.

    Let me begin by saying I am a 45 year old male who is in the process of ending a seven year relationship with another male. We both live in the managers unit of an apartment building I own in Long Beach, Ca that he has no ownership rights to.

    My question is: What is the procedure to get him removed or evicted from my residence? Is he considered a tenant? Do I need to file an unlawful detainer action against him? In the seven years he has lived here, he has never paid rent, nor has he ever paid utilities, but he does receive mail here. Because we are breaking up, he refuses to move out, and I don't know how to proceed with getting him out. Do I issue a 30 day notice to move? Can I change the locks? What about his belongings? Because things lately have become violent, should I obtain a restaining order instead? And, does this prevent him from coming in my apartment?

    We never had a rental agreement or verbal agreement regarding our arrangement. As you can see my situation is unique, and I'm hoping someone has experienced something similar and can help me.

    Thank you, Jim
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 2, 2012, 05:17 AM
    What's unusual? He is a resident and has to be treated as a tenant. However, because he doesn't pay rent you can't give him a pay or quit notice. Because he has lived there so long he has to be given a 60 day notice to vacate.

    No you cannot change the locks. However if there is violence, you may be able to get a restraining order. At that point you will have to arrange for him to get his belongings.
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