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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23798
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I lived with my boyfriend for 4 years in san jose. I spent

Customer Question

I lived with my boyfriend for 4 years in san jose. I spent all of my 70k paycheck on him and his children. I helped with 1000. his mortgage and I paid all other expenses including property tax and braces utilities and groceries and then we broke up. In one year I purchased my own home and then he lost his. When my home got built he moved in with me about 1 1/2 year later, he has helped me with his portion of the expenses. He has lived here about 1 1/2 yrs I want to ask him and his two teenagers to leave. We have no written agreement at all. Do I have any obligation?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Is the house solely in your name?
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Have you given him any type of written notice to move?
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Thanks
Barrister
Customer: replied 1 year ago.


No, I have not. He stays in San Jose a lot and now has car problems. I had to help him out with them and now he needs to pay me back. I would like to have him leave in September after I am paid back. I want to be prepared.

Expert:  Barrister replied 1 year ago.
Ok, in a situation like this, from a purely legal perspective, you are his landlord and he is your tenant under a month to month tenancy at will. In order to terminate this type of tanancy, since he has been living there over a year, you would have to give him a written 60 day notice to terminate his tenancy.
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If the didn't move out within that period, then you would have to file a formal eviction action, called an unlawful detainer, with the Superior Court. You would then get an order of eviction from the judge and a writ or possession. Once you get the writ, you can have the sheriff physically remove him 6 days later if he won't voluntarily leave.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 23798
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


This person has convinced me that he wanted to get married but then wont go forward. He did this so I would file tax with him for the past three years. I am done with this. Will that give him any recourse.

Expert:  Barrister replied 1 year ago.
Will that give him any recourse.
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No not at all. How you filed your taxes in the past wouldn't serve to give him some type of legal rights to your home or prevent you from terminating his tenancy and evicting if he didn't move.
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Thanks
Barrister
Customer: replied 1 year ago.


Thank You.

Expert:  Barrister replied 1 year ago.
You are very welcome. Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister

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