How to evict a roommate?
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How to evict a roommate?
My daughter moved in to an apartment with her boyfriend. She has paid the rent and cable and cell phone bills for 2 months. He is on the lease but because he is abusive both verbally and physically, she wants him to leave. He will not. He says that since he’s on the lease, she should leave. What can she do?
Asked on January 17, 2013 under Real Estate Law, California
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Actually, only the landlord has the right to evict a tenant. However, she should still visit with the landlord to explain the situation. He may let her break the lease or could potentially kick out the boyfriend if there is a legal basis.
If your daughter lives in California, she may have additional relief as a victim of domestic violence. If she seeks and obtains a protective order against the boyfriend, then the landlord is required to let her break the lease and walk away with not rent liability. If she wants to stay in the apartment, she can request a "kickout" which means boyfriend has to leave the apartment, not your daughter.
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