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Burgling Boyfriend Gets Her Evicted

Contesting an eviction

My ex-boyfriend burglarized my apartment the other night, breaking in through the door. I currently have a protective order against him and called the police as soon as I got home. I reported the incident to the landlord the next day. When I got home that day, there was an eviction notice on my door to move out within three days because my "guest" had violated the lease contract. Can I be evicted for this?

A judge can evict you if he or she believes that you had some control over the actions of your former paramour. If he was truly a guest, the damage he caused is attributable to you and yes, you could lose your rental over it.

But your description of your relationship takes the bandit out of the guest category. It would certainly seem unfair to penalize you for his illegal acts; I hope your judge agrees. Be sure to have a copy of the restraining order with you when you appear in court. It is a valuable piece of evidence in showing your current feelings about the fellow.

If you have a lease, the landlord will have to convince the judge that you somehow facilitated the burglar's entry. If you are renting month to month, however, expect that your landlord will terminate with a 30 day notice. Unfortunately, you will not be protected against this type of termination and may have to find a new place to live. If this happens, try to keep the new locale secret from your former boyfriend with the current burgling bent.

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