Q: My boyfriend came to live with me after getting out of prison 8 months ago. He does not pay rent or pay any utilities.
He does receive mail at the apartment. We just broke up and he says he doesn’t have to leave. What is he entitled to? Can I make him move out?
A:
In California, even though your boyfriend does not pay rent or utilities, he may still have tenant rights because he has lived with you for eight months and receives mail at the apartment. This establishes residency, and you may need to follow formal eviction procedures to make him move out.
To begin the eviction process, you should serve him with a written notice to vacate. The most common notice is a 30-day notice, but this can vary depending on local laws and the specifics of your situation. If he refuses to leave after the notice period, you will need to file an unlawful detainer lawsuit in court to legally remove him.
It’s important to handle this situation through the legal process to avoid any potential complications or liabilities. You might consider consulting with a local attorney to ensure you are following the correct procedures and to get assistance with the eviction process.
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