Legal Question in Real Estate Law in California

Who can the police remove without an eviction order?

I am in the process of writing a training bulletin for police officers that guide them in handling landlord/tenant disputes. One of my pressing questions is who can the police remove and who has to be evicted? In the past we have used the rule of thumb that if someone resided at a location for more than 30 days, they had to be evicted, bar none. I've heard of case law that states otherwise (namely concerning ''gratuitous guests''), but cannot find it. Any information will be helpful.


Asked on 6/07/01, 1:35 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Who can the police remove without an eviction order?

I would like to take a crack at answering your interesting question, but my gut feeling is that you and your department would be better served by getting legal advice on this matter from someone whose responsibility it is to keep your department out of legal trouble, such as the city attorney. Sorry.

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Answered on 6/27/01, 10:13 pm


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