QUESTION
Fastest way to get abusive BF out of house
Asked on May 27th, 2014 on Landlord and Tenant Law - California
More details to this question:
I live in napa california with my boyfriend of 8 years. In Dec. 2013 we moved to a new apt. I am the only person named on the lease, utilities, etc.. My boyfriend does help with the rent and occasionally food purchases. He has an on-again, off-again love affair with alcohol and crank and becomes intensely verbally abusive on the occasions when he gets high/drunk. This abuse has become unbearable and I have asked him to leave. He refuses. I understand basic eviction procedures but would like him removed as quickly as possible. What is the fastest (but still effective) legal way to evict him? Can I use a 3 day nuisance based on the fact that he consistently gets wired, drunk and then becomes verbally abusive which definitely interferes with my ability to enjoy my abode? What are the chances of obtaining a restraining or protective order that would force him to move out? Thank you in advance for any help you might provide.
1 ANSWER
Civil Litigation Attorney serving Arcadia, CA
Partner at
Law Office of Sina Mohajer
An eviction is not the proper procedure to have your live-in boyfriend leave your apartment. An eviction is only used when a "tenant" is being removed from their home. Since your boyfriend is nt your tenant, but merely a house guest, an eviction is not necessary.
Also, you asked about a temporary restraining order. Normally, Courts are willing to issue temporary restraining orders so long as the applicant can demonstrate a reasonable basis for one, i.e. the applicant fears for his/her safety. Once an temporary restraining order is given, the Court assigns a new hearing date where the one who the order was placed against may have an opportunity to appear in Court and give their side of the story. If at that time the COurt believes a further restraining order is needed, then the Court will order one. Otherwise, the temporary restraining order will become dissolved at that time.
My suggestion would be to simply call the police. His name is not on th elease, and you two are not married. Technically, you can call the police if your boyfriend does not leave your home after being asked. And base don his drug use, I'm sure he would rather leave willingly than to face the police.
Answered on May 27th, 2014 at 4:18 PM