Q: do I have to evict my ex-boyfriend who has lived with me over a year. Has never paid rent. We have no contract. Plz help
When our relationship ended August of last year. He had said he would pay me rent, at that time he moved into the extra bedroom that I had set up for his son. He has not made payments. we did not have any kind of contract(he “was” my BF so didnt think i needed one). I have asked him for the money he said he would pay, nothing. On numerous occasions I have asked him to leave but he refuses. He does not contribute anything to the household, he has never helped with any of the bills nor does he buy groceries but he and his son eat 2 of 3 meals here on weekdays and all meals on weekends. I am miserable and tired of supporting him and his child. I have noticed that I am missing jewelry and coins that I had after he moved in. can I just get a restraining order? If I need to evict him what type of eviction would it be? A 3 day pay or quit, a 3-day incurable or a no fault eviction? Im just not sure what to do. My financial resources are limited. Any guidance would be greatly appreciated.
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A:
You're dealing with a challenging situation that requires careful legal steps since your ex-boyfriend has established tenancy rights by living there for over a year, despite not paying rent. Your first step should be serving him with a written 3-day pay or quit notice, documenting the amount of back rent owed based on your verbal agreement - this establishes a paper trail for court.
If he doesn't pay or leave after the 3-day notice expires, you'll need to file an unlawful detainer lawsuit in California court. Since you mentioned missing jewelry and coins, you might also want to file a police report to document the potential theft, which could help support your case. Keep in mind that getting a restraining order typically requires evidence of harassment, threats, or violence - simply refusing to move out usually isn't enough grounds.
Consider reaching out to your local housing authority or legal aid society, as they often provide free or low-cost assistance with eviction proceedings. Document everything moving forward - take photos of the property, save any text messages about rent payments or moving out, and keep records of any incidents. While this process might feel overwhelming, remember that California law provides clear steps for removing unauthorized tenants, and you have the right to reclaim your space.
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