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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19018
Experience:  B.A.; M.B.A.; J.D.
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I have a former boyfriend living in my home with no legal

Customer Question

I have a former boyfriend living in my home with no legal rental contract - we had a verbal agreement that he would work for room and board. He is up all night, making noise and disrupting my sleep. He brings in garbage as he goes "trashing" for cans and bottles. He brings in all kinds of unnecessary items, uses all my tools (which he now says are his) as well as my laptop and kindle (I've hidden the kindle), he makes a big mess wherever he happens to be, he cannot complete any project asked of him (i.e., clean out/organize the garage which I've been asking for since last September), he leaves his dirty dishes in the sink and won't take care of his personal responsibilities. Thing is, there is no where for him to sleep apart from my bedroom. I don't know what to do as he has established residency and I have nothing to fall back on such as a lease or rental agreement. Additionally, he's spent the 17 of the last 26 years in prison. He is a Hep C carrier. I feel soooo stupid.
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Do you have a legal question about the situation you have described?

Customer: replied 1 year ago.
How do I go about evicting him from my home?
Customer: replied 1 year ago.
I have no legal or written rental agreement or lease. Only a verbal agreement which he has breached.
Customer: replied 1 year ago.
Additionally, there is no where for him to sleep or have his "own" space. My home is very small and I already have roommates living in the spare bedroom. It is illegal for him to sleep in the garage or in my converted garage.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Do you own your home or rent it?

Did you consult with a local eviction attorney to help you with this issue?

What county is the house located in?

Customer: replied 1 year ago.
With the above in mind, I cannot even create a rental agreement as I cannot provide a space for him except for my bedroom which we share or were sharing. He doesn't even come to bed most nights and he is up all night and my sleep has been severely disrupted. No, I don't want to call you as want this in writing, so I can refer to it. I own my home - inheritance when my mother died last April. I was so distraught and so alone after caring for her for some 5 years. She died of Alzheimer's. I kept her at home and she died in her bedroom which is now mine.
Expert:  Alex J. Esq. replied 1 year ago.

Did you consult with a local eviction attorney to help you with this issue?

What county is the house located in?

Customer: replied 1 year ago.
I can barely afford the $38 or whatever it is to get advice on how to proceed. I've seen other answers that indicates he is a "licensee" on the property with permission - which he was. He's established residency however, receives his mail here but he receives assistance from the State and on their records, he lists himself as "homeless."
Expert:  Alex J. Esq. replied 1 year ago.

It is important that I inform you that I cannot provide you with any type of legal advice or legal service or tell you what to do or not to do in your specific case, as such legal advice / legal service can only be provided by your local attorney, upon a full review of your entire situation. This service is limited to legal professionals, such as myself, providing JustAnswer.com customers with general answers to customer's legal question. Do you understand above terms, agree with the above terms and would like me to proceed with my general answer ? (please only answer "Yes" or "No").

Customer: replied 1 year ago.
he can keep getting General Relief - which he's had for more than a year. No, I don't want to call on the phone. I'll continue researching this problem on my own as it appears you prefer a phone conversation. Thank you anyhow.
Customer: replied 1 year ago.
No, I haven't consulted with any legal authorities. My home is in Los Angeles County. The thing that I don't know how to handle is that even if I did create some rental agreement - I have nothing to rent to him. I have no space that would be suitable to anyone. We were boyfriend and girlfriend and shared a bedroom. Against my wishes, he took all of his clothes out of the room, except for a few of his personal items and moved them out to an old wardrobe closet he took out of the garage which had some of my mother's clothes still in it and moved it out to an outdoor patio. Then he found two dressers, moved them into the garage and has his stuff in those too. Basically, he has taken advantage of my situation whereby I am completely alone - no parents, no siblings, I'm an only child and after my mother died and after spending the last 5 years taking care of her, I was at an emotional disadvantage. Anyhow, he charmed his way in, I like a stupid idiot fell for it, now I want him out because he makes a mess everywhere he is, does not complete anything he starts and brings in all kinds of junk into my environment - against my spoken word, "Don't bring that into my home!" and he does it anyhow and says "Go ahead - evict me."
Customer: replied 1 year ago.
I pay all the bills, buy all the food, have tried to help him in every way possible - even bought him a motorcycle so he could have his own transportation and get a job. He says he will do this but has made absolutely no effort in even looking for one.
Expert:  Phillips Esq. replied 1 year ago.

A different professional here.

This a complex situation because he does not fall under a Tenant or lodger since he does not have his own separate room. So, you cannot use the Unlawful detainer process to remove him. See California Civil Code Sections 1946.5 and 1940; California Penal Code Section 602.3:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=594-625c

He is however considered a Guest. So, if he has overstayed his welcome, you can change the locks and force him out. You may first try to call the Police to remove him.

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