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I need to know if I have a legal right to ask someone to leave my property under special circumstances.

Asked over 2 years ago - San Diego, CA

I live in a studio that is built onto the back of a house which are rented separately. My friend who lives in the house has a boyfriend that I no longer want to come over anymore. He hangs out it the house which has a separete rental contract he is not on, but he is technically at my residence. Can I ask him to leave or what can I do?

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Attorney answers (2)

Best Answer - chosen by asker

David William Ginn

Reputation Level 13

Answered over 2 years ago. Lawsuit / Dispute Attorney in Walnut Creek, CA.

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There is more information needed to assess what you might be able to do.

If the boyfriend is harassing you or you have a reasonable fear of physical harm, you can obtain a temporary restraining order against him. Take a look at Code of Civil Procedure section 527.6 to see if you have a situation that may apply. A link to Civil Harassment Forms appears below.

If the boyfriend is coming onto the property you rent, you can ask him to leave. If he refuses to leave, you can call the police. it is unlikely that you would be able to prevent him from coming to your friend's portion of the property, in the absence of having a restraining order in place.

The San Diego Bar Association can refer you to an attorney who can assist you with assessing your rights. A link appears below.

Good luck!

Civil Harassment Forms

San Diego Bar Association Referral Information

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