I let my Spouse who I have been separated from stay with me for a couple of weeks only, but now he refuses to leave

Asked by Ronnie, 93436 Fri Aug 20, 2010

Becasue we are married, he thinks he has the right to move in. He has no job and a drug problem and i want him out. He has only been there for 1 week. Do i have the right to give him a 3 day notice because it has been less than 30 days. Also, we are not in the same room and he is verbally abusive. I called the police once and they said it is my fault for letting him in. Now he says i am going to "pay" everyday for being a cop calling C---. Please i need help.

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3
Steven Ornel…, Agent, Fremont, CA
Fri Aug 20, 2010
Hi Ronnie,

It's not clear whether you are renting right now or the home is owned by you/him.

I believe consulting your attorney/landlord at this point is wise. However, as a first step and in order for you to do some background research, please review the following document to try and find a match for your specific situation so you have a better idea of what your options are:
http://docs.steven-anthony.com/Landlord-TenantGuideCA2010.pdf
This is a very useful document. Considering the current volatile environment, I would suggest you print those sections applicable to your situation and going somewhere where you do not feel threatened to read them.

Best, Steve
0 votes
Anna M Brocco, Agent, Williston Park, NY
Fri Aug 20, 2010
You may wish to protect yourself and consult with an attorney--is the lease in your name only, are you legally separated, etc.; if you cannot afford an attorney, contact your local Legal Aid Society and ask for an attorney who does pro-bono work--free--your attorney will be your best source of advice.
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Maggie Hawk, Agent, New Smyrna Beach, FL
Fri Aug 20, 2010
Ronnie,
I am not a lawyer and this is not legal advice. You have been threatened verbally--the next time could be physical. Your main concern at this point should be to protect yourself.

With that in mind, you may want to leave the apartment and call a hotline for battered wives. Don't pack or be obvious about leaving. Just walk out and make that call. Explain that you need to find a shelter to stay in for the time being. If the first number you call doesn't yield the results you need, call another. There ARE people out there who can help.

Once you get settled in a shelter, consult with an attorney. The group running the shelter can recommend attorneys that specialize in this type of case. Many do the work for free (pro bono).

Ask the attorney what legal action you can take to protect yourself, and to remove your spouse from the home you're renting. He will be able to explain your options.

Be safe.
Maggie Hawk, REALTOR
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