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CalAttorney2
CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10237
Experience:  I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
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I have recently left the father of my child because he is

Customer Question

Hi, I have recently left the father of my child because he is aggressive and abusive. Unfortunately we were living with my mother and our 5 year old daughter and now he won't leave my mother's house. He didn't have a lease and he was paying her rent, but
she has recently served him with a 60 day notice to vacate. He will not leave and is now stating that he is the co-owner of the home because he paid for some repairs. My mother bought the house for 1.6MM and put 1.3MM down, the father of my child has never
even owned his own home and we moved with my mom from one home in Santa Monica to this current home roughly 3 years ago. My mother shut off his phone and his internet because she didn't want to pay his bill and she can't afford to do. He just sent her a letter
from a lawyer that stated that she was using "unlawful efforts to forcibly evict him by disconnecting his utility service" and he also referenced that he is filing another lawsuit to claim his "co-ownership" of the home because of the improvement he made.
He is threatening all kinds of legal ramifications if she doesn't restore the utilities immediately. What recourse does she have? Or does she need to wait for the 60 day period to expire before she can pursue an unlawful detainer lawsuit with the court even
though he is incredibly hostile to her and she is often afraid to go home when she knows he is there. If he has paid for repairs and the mortgage, does he have any claim on the property? We appreciate your advice.
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Your mother needs to hire a lawyer, promptly.

While there is a small bit of truth in the unlawful eviction issue (you cannot shut off a tenant's utilities to force them to leave), your mother can utilize a "civil restraining order" to help expedite this process (if she is afraid to go home because of the individual that generally is a situation that constitutes a bona fide fear of imminent physical harm).

However, I really do suggest using a lawyer at this point - if you try to short cut this one and do it yourself, your mother may find herself with more of a mess on her hands (legally) rather than less. It will cost a little bit of money (shouldn't be too much) to hire a lawyer and get this done properly, but trying to do this herself will surely cost her a lot more in the long run (as you have already discovered by shutting off his phone and internet services).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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