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Ex-girlfriend won't move out


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#1 Quizzical

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Posted 25 September 2010 - 05:02 AM

My adult son lives in Los Angeles.  He rented an apartment in his name and pays the rent with his money.  His girlfriend moved in about six months ago.  He has been trying to break up with her and she moved out about a month ago. However, she came back a week or so later and asked to spend the night, saying that she had nowhere else to go. Now she won't move out at all. She appears to be mentally unstable and probably using drugs. Is she trespassing, in which case I assume the police would remove her, or does my son have to go through a formal eviction process?  In that case it would probably be cheaper to simply move out himself and rent another place.  However, would their past cohabitation give her any right to compensation, or even the right to live in the new place?

[This post has been moved to the appropriate forum. - Moderator]


#2 Fallen

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Posted 27 September 2010 - 03:39 AM

Wrong board entirely; you already posted on landlord-tenant board in any event.  Please see other thread.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 pg1067

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Posted --

This is a landlord/tenant issue.  It has nothing to do with family law, marriage, or divorce.


Quizzical said...

Is she trespassing, in which case I assume the police would remove her, or does my son have to go through a formal eviction process?

Obviously, she came onto the premises at your son's invitation, but she has apparently overstayed her welcome.  He can contact the local police or the LA County Sheriff and explain the situation and see if they will come over and make her leave.  I doubt it, however, and it is likely he'll have to go through a formal eviction process.


Quizzical said...

would their past cohabitation give her any right to compensation, or even the right to live in the new place?

No.  At best, she is your son's subtenant.



#4 Quizzical

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Posted 27 September 2010 - 06:44 AM

The issue I wrote about concerns rights of romantically involved cohabitants and there was no category specifically for that.  So I took a shot and posted here and on Landlord Tenant, where I got an answer.  Thanks.

#5 Quizzical

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Posted 25 September 2010 - 04:15 AM

My adult son lives in Los Angeles.  He rented an apartment in his name and pays the rent with his money.  His girlfriend moved in about six months ago.  He has been trying to break up with her and she moved out about a month ago. However, she came back a week or so later and asked to spend the night, saying that she had nowhere else to go. Now she won't move out at all. She appears to be mentally unstable and probably using drugs. Is she trespassing, in which case I assume the police would remove her, or does my son have to go through a formal eviction process?  In that case it would probably be cheaper to simply move out himself and rent another place.  However, would their past cohabitation give her any right to compensation, or even the right to live in the new place?

#6 Fallen

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Posted 27 September 2010 - 03:38 AM

I'm afraid he'd probably have a hard time proving to someone's satisfaction that she "moved out" or that she's trespassing.  Not clear why he let her back in the apartment (though also not clear that she handed over her keys to him).


" In that case it would probably be cheaper to simply move out himself ...."

How do you figure that?  And even if he's month-to-month and gives proper advance termination notice to his landlord and moves out, why do you think that his landlord won't come after him for the cost of getting her out if she won't move after he leaves?  She's his responsibility, in effect, since he allowed her to become a resident.


"However, would their past cohabitation give her any right to compensation..."

Not sure how you figure this.


"... or even the right to live in the new place?"

Er, no.  :)

Your son either needs to read up on CA landlord-tenant law in terms of giving her proper termination of tenancy notice and the eviction process, or take his chances that she won't sue him for unlawful eviction and ask landlord to change locks.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#7 Quizzical

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Posted 27 September 2010 - 07:19 AM

Thank you, Fallen.


The woman in this case is like the Glenn Close character in Fatal Attraction, times ten. Her own parents threw her out due to her psycho behavior, which is why she ended up living with my son, who felt that she had nowhere else to go. You wouldn't believe it.  For example, she has struck my son in the face many times and has threatened worse.  In todays' world, a man who tires to defend himself against this is likely to go to jail. Two days ago my son called the police because she was throwing his possessions down the stairs.  They came and said that one of the occupants had to leave for the night. So my son, a gentleman, left his own apartment and spent a sleepless night in a coffee shop so she wouldn't have to be on the street.  If my son had any money he'd hire an attorney and get a restraining order, but even that might not stop her.   


His best bet is probably to try to disappear at the end of his monthly rental.  The landlord won't pursue him because he's got nothing, and the landlord I'm sure wants no part of this woman.  As far as the landlord knows, she is no more than a visitor who won't be welcome once my son leaves, and he'll change the lock and tell her to get lost..  This is a rough part of town where tenant's rights are laughed at and that's exactly what will happen.


I appreciate your input on this and would welcome any additional.


 






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