Can a paying tenant kick out a non paying tenant ?

[chozai65]

my family member is in a verbally abusive relationship. she is with her 3 kids father that she has been with for 9 yrs. They are not exclusive as he has impregnated another woman and cheated on her multiple times. She is the paying tenant, the contract is under her name,she pays all the bills.He pays nothing,contributes nothing,pretty much sleeps all day and mooches. he has been gone for about 2wks and she has given him a change to pick up his belongings and he has yet to go or to even respond to her. I would be so thankful to know if she can kick him out permenantly ? if not how long must she give him? can she get restaining order since he is an unfit partent and he is verbally abusive to her in front of children? how long does she have to give him to get his things out ? thank u i so appreciate it. i cannot find the laws for this.I only find laws for paying tenant. She is in the state California.

[teithi71]

This may be a good place to start. At first I wanted to give you the DV number but the thing I thought of is if they are not married, she is really acting as the landlord even though he is not paying rent but it's always a good idea to get some solid advice based on state laws. Anyway here is a link for Ca for tenant laws and I'll throw in the DV site and 1800 number just because they may be able to help as well to give out some solid guidance on what her rights are and maybe what Not to do to make her legally liable for damages to this hero later on if he decides to sue in small claims.
Best of luck to both of you

http://www.courts.ca.gov/selfhelp-housing.htm

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

Don't be shy and don't be surprised you'll be put on hold as your not the only folks going through this situation at the moment..

[dent81]

This may be a good place to start. At first I wanted to give you the DV number but the thing I thought of is if they are not married, she is really acting as the landlord even though he is not paying rent but it's always a good idea to get some solid advice based on state laws. Anyway here is a link for Ca for tenant laws and I'll throw in the DV site and 1800 number just because they may be able to help as well to give out some solid guidance on what her rights are and maybe what Not to do to make her legally liable for damages to this hero later on if he decides to sue in small claims.
Best of luck to both of you

http://www.courts.ca.gov/selfhelp-housing.htm

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

Don't be shy and don't be surprised you'll be put on hold as your not the only folks going through this situation at the moment..

Yes
He's gone change the locks and he's gone permanently. First time he tries to break in call the cops.

Don't allow him into the house without a third party to supervise.