break up eminent (CA) (apartment, lease, evict, rental)

[melindasmiff]

My boyfriend and I are having fight after fight and i want him to leave because I can afford to pay the rent without him but he cannot. I have 2 children with me and he has none. I pay most of the bills and he does not have a steady enough job to ensure he will pay rent. We have a rental agreement for month to month rent and I want to take him off for the next months rent. Can I legally remove him from the agreement and make him leave if he doesnt want to leave? He would only stay to spite my wishes and to make me miserable. How do I go about this legally and without drama?

[Ms_Christina]

Does the landlord have another unit you cod move to? That wod be the easiest move. You would have a new lease and the BF will have to sign a new lease by himself or move. Talk to your landlord

[oregonwoodsmoke]

Unless you own the house and the boyfriend agrees to be removed from the rental agreement, you can not remove him by yourself.

If you are a tenant, I suggest that you get the boyfriend to agree to move out and after he agrees, you give the landlord a 30 day notice that you and the boy friend are mutually agreeable to have him move out and be removed from the rental agreement. The landlord does not have to take him off the rental agreement. The landlord doesn't have to remove anyone from the rental agreement until he gets the house returned to him. But if everyone is agreeable and if you can pay the rent on your own, the landlord will probably agree to it if you ask nicely.

If the boyfriend refuses to move out, you are going to have to get a restraining order and a court order to have him move out. Just hope he goes without a fight when you ask him to leave. It's not the landlord's problem and the landlord can't really evict him just because you don't like him any more.

[NoMoreSnowForMe]

If your landlord is agreeable, you could ask your landlord to terminate your MTM agreement. Let's say the landlord sends you and the BF a 30 day notice to move out by July 1st.

Then, the landlord writes a new agreement with just you on it to begin July 1st, with the original security deposit to be used for your new tenancy.

Then, you pay the BF half of the security deposit out of your own pocket, but don't give it to him until he signs an agreement that he will vacate by July 1st. Then don't give him the money until he is moved out, and hands over his key to the landlord.

The landlord re-keys the apartment on July 1st, and gives only you a key.

Now, if you approached me with this idea, I'd only do it if the BF signed an agreement to move by July 1st, that I received a copy of, and after I had a face-to-face conversation with him and I felt confident he'd go without a fuss. I'd probably also get you to sign an agreement that if I have to evict the BF, that you will be paying my court costs.

Depending on the boyfriend and the relationship he has with the landlord, you might be able to pull this off. It would be worth a try.

Option B would be what someone else mentioned above, asking the LL to terminate your agreement, and move you into another unit.

As a previous manager, I would not bother with Option B. If the BF will not go willingly, I'm not going to go through the hassle and expense of moving you from one apartment to another (dealing with cleaning, etc., from the 1st apartment) and possibility of the BF being a holdover in the first apartment. Plus, I'd fully expect the BF to end up living with you again in the new apartment, because that's what happens with break-ups. They end up making up.

If your landlord won't do either of the above, perhaps you could at least get the landlord to terminate the tenancy with a 30 day notice, so you can make a clean break without having to get evicted to get rid of the BF.

Good luck.