Roommate rights who is not on the lease

[justice90210]

Jurisdiction

California

Hi,
I moved in with my boyfriend (now ex-boyfriend) 6 months ago in an apartment that I found on craigslist with a very low rent in a great area that is rent control. He was the one who put down the deposit and signed the lease. The landlords knew that I was also going to be living here. I moved in 2 weeks after the lease was signed and I asked the landlords if I need to be on the lease as well. They said it wasn't really necessary. They trusted us and that was that. After a few months my relationship with my boyfriend started to go bad. I found out he was an alcoholic and abuser. He has been aggressive and I just want him to move out. Couple of nights ago when we had a big fight and he almost wanted to attack me and he would have if I didn't threaten to call the police he asked me to move out. I really think it should be him who should move out. I need to know what rights I have since I am not on the lease. I did talk to one of my land ladies and explained the situation. She said the only way she can put me on the lease it would be if we cancel the old one and signed a new one that's under both of our names. My ex-boyfriend is not going to do that since that is the only way he feels he has any power over me and the situation.
Please tell me what to do and what my legal rights are.

Thank you.

 

[shrinkmaster]

Your not on lease you have no rights here. Its his apartment. I would be less concerned about the place and more about your safety. forget the apartment just get out before your carried out on a stretcher

 

[Betty3]

You said you want your ex-boyfriend to move out. However; if he is on the lease & you aren't, you are the one who will have to move. You let him put down the deposit & sign the lease. You need to leave also for your safety as noted. Good luck to you.

 

[justice90210]

Your not on lease you have no rights here. Its his apartment. I would be less concerned about the place and more about your safety. forget the apartment just get out before your carried out on a stretcher

Thank you. My problem is that I can't really move out right now. It's financially impossible. I have been paying more of the rent than him. I was reading some of the other similar situations like mine and I saw comments that I actually do have rights and that I am like a co-tenant since I've lived here for 6 months anyway and the landlords have been very well aware that I have been living here. I wonder if that is true. Is there any way I can seek legal advise? Is there a place I can go to talk to a lawyer for free?

 

[justice90210]

You said you want your ex-boyfriend to move out. However; if he is on the lease & you aren't, you are the one who will have to move. You let him put down the deposit & sign the lease. You need to leave also for your safety as noted. Good luck to you.

Thank you Betty. I posted a reply for the other comment. You can see what my situation is. Unfortunately, I can not move out.

 

[army judge]

Thank you. My problem is that I can't really move out right now. It's financially impossible. I have been paying more of the rent than him. I was reading some of the other similar situations like mine and I saw comments that I actually do have rights and that I am like a co-tenant since I've lived here for 6 months anyway and the landlords have been very well aware that I have been living here. I wonder if that is true. Is there any way I can seek legal advise? Is there a place I can go to talk to a lawyer for free?

You COULD seek temporary respite at local battered women's shelter.

Your departure will cause the abusive beast to be unable to pay HIS rent.

In a small way, you WIN!

The abuser loses.

You also leave ALIVE, or not in pieces.

You'll have the last laugh, while still being safe!!!

 

[txls]

You may have rights but he doesn't care what your rights are. Let's say you somehow legally win the right to evict him and you stay. Do you think he will go peacefully? Do you think he won't harass you there? You can't win a fight with an alcoholic abuser. You will be much better off moving somewhere else so that he doesn't know where you are. Find a temporary home with friends or family, or as mentioned, a shelter. For your safety, you CAN find a way to move.

 

[shaneil]

If you have mail that comes there he cant kick you out

 

[ElleMD]

Mail has nothing to do with it. Anyone can fill out a form with the post office to have their mail delivered to any address in the US.

 

[shaneil]

Mail has nothing to do with it. Anyone can fill out a form with the post office to have their mail delivered to any address in the US.

Well my brother was jus in that type of situation and his girlfriend tried to throw him out and keep all his belonging so he called the cop wen the cop came the girl locked him out and the police told him if he stay there and he can show proof yhen break the window and go in once he got in the girl told the cops he doesn't stay with her so my brother went in the room and got his mail and his license and showed it to the cops and thats wen the girl got mad and tried to fight him and the police made her leave because its his home to even though his name is not on the lease but hes been staying there almost a year and the address on his license is the same as the address

 

[ElleMD]

Whether or not the police will arrest someone for breaking and entering has nothing to do with their legal claim to the property. The police do not have jurisdiction over who lives where.

 

[shrinkmaster]

Lets forgot all the legal issues for a moment please. I understand its what she seeking but she has bigger problems. You need to get out! Call a shelter, a friend, family someone! the abuse will only get worst! Get out before he kills you!!!