What to do if my ex-girlfriend dumped me a couple of weeks ago and is telling me to get out?

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What to do if my ex-girlfriend dumped me a couple of weeks ago and is telling me to get out?

We are co-tenants. What rights do I have? I have an old felony conviction can she make up something and police will automatically believe her?

Asked on December 5, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are both tenanbts, you have equal rights to be there. She, as a co-tenant, may not make you leave--only the landlord can evict you, and only for proper or good cause, such as violating the lease, deliberately or grossly negligently (recklessly) damaging his property, or nonpayment. Just because your ex-girlfriend wants you out does not mean you have to leave. Indeed, bear in mind that if you do leave, you will still be responsible for the rent unless the landlord and your girlfriend both agree to let you off the lease--and there's no reason for the landlord to agree to that, unless you perhaps bring in a new tenant to take over from you. If the living situation is not acceptable to you, you may wish to explore options like subletting--you move out, and someone else sublets from you (assuming your lease allows this).

As for whether your old conviction will make the police more likely to believe your ex-girlfriend: if you have a conviction for assault, they are possibly more likely to believe you threatened or attacked her, for example, but an old conviction for, say, theft or fraud would not seem to make them more disposed to believe an allegation of assault. It depends on the specific facts--what you did before, and what you are accused of now.


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