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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1627
Experience:  Experienced, and knowledgeable family law attorney.
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My stepdaughter's boyfriend won't leave our house. Can I call

Customer Question

My stepdaughter's boyfriend won't leave our house. Can I call the police to make him leave?
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 1 year ago.
Thank you for the opportunity to assist you. Has he stayed at your house for any length of time? Over 30 days?
Thanks, Customer
Customer: replied 1 year ago.
Yes, he's been here for over a year, we told him a year ago to leave. We keep telling him to leave but he wont. He's never paid rent, done work around the house, nothing to earn his keep.
Customer: replied 1 year ago.
He has no contract with us to live here,
Expert:  S. Huband, Esq. replied 1 year ago.
Thanks for the update.
Unfortunately, the boyfriend ("BF") is your tenant, legally speaking, and you cannot just summarily throw him out and change the locks.
When a person stays somewhere 30 days or more, they're generally considered to be a tenant, even if they don't have a written lease. That means you'll have to evict him like you would any person who paid you rent and who you had a lease agreement with.
If he commits an illegal act - threatens you, destroys something, has drugs in the house, etc., then call the police ASAP and get him out that way. You don't have to tolerate illegal activity from a tenant. Absent those circumstance, you'll need to evict him.
You start the eviction process by serving him with an eviction notice. Tell him in writing any lease he has is terminated and he must vacate the premises within 30 days.
CA has great online forms to do this. Click here and search:
You don't have to use these forms. Keep in mind the notice must be in writing to be legally valid.
I'm sorry to bring you bad news, but I do hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.
Best wishes to you, Customer
Expert:  S. Huband, Esq. replied 1 year ago.
Hello again,
I'm writing to follow up on your question. I see you recently viewed my answer, but you didn't issue a rating. If you need clarification about my answer, please ask. Otherwise, please let me know what else I can do, if anything, to earn a positive rating from you.
Thanks again for using our service! Customer