Legal Question in Landlord & Tenant Law in California

I live in California.�A little over a year ago I offered to let ex-sister-in-law � park her 5th wheel trailer in my driveway for free until she could find a permanent place to move it . �I told her up front she could not live in the �trailer while parked in my driveway. �For the first 6 months went fine she did not live/sleep in the trailer. � However this did not last after her boyfriend kicked her out of his house. With out my permission or knowledge she would sneak in late at night and sleep in the trailer, and wait until I left for work in the morning to sneak back out. �I finally caught her when I discovered she had hooked �up the trailer to my water, and�

PG &E. �I have told her over and over she �can't "live" in her trailer in my driveway and she has to leave . I have inform her she is trespassing and she must leave immediately.�

It might be worth saying �my driveway and carport area is �open, the trailer is not behind a fence. She does not have keys or permission to�access to any of the buildings /dwellings on my property. In fact if she comes to my front door she knocks and waits for me to answer to come in my house.

I have made her fully aware she is violating �the following �contra costa County Ordinance Code:

84-68.1404 - Storage of mobile homes, recreational vehicles, travel trailers, vessels, and vessel trailers

A mobile home, recreational vehicle, travel trailer, vessel, or vessel trailer may be stored at the residence of the owner or at any other residence in any land use district only if both of the following conditions are met:�

(a)

The mobile home, recreational vehicle, travel trailer, vessel, or vessel trailer is not used for living or sleeping purposes.

�Today I stumbled across this civil code "Mobilehome Residency Law"

CIVIL CODE - CIV

DIVISION 2. PROPERTY [654. - 1422.] �( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. )

PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5.] �( Part 2 enacted 1872. )

TITLE 2. ESTATES IN REAL PROPERTY [761. - 817.4.] �( Title 2 enacted 1872. )

CHAPTER 2.5. Mobilehome Residency Law [798. - 799.11.] �( Chapter 2.5 added by Stats. 1978, Ch. 1031. )

The trailer that is parked in my driveway �

As I read this code it establishes who is a :

1 ) 798.11. ��Resident� is a homeowner or other person who lawfully occupies a mobilehome.�

2)�798.9. ��Homeowner� is a person who has a tenancy in a mobilehome park under a rental agreement.

3)�798.12. ��Tenancy� is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park.

4) �798.3. �(a) �Mobilehome� is �....b) �Mobilehome,� for purposes of this chapter, other than Section 798.73, also includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: .....2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992..

5)798.4. ��Mobilehome park� is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.

As I read this �if a person �lives in a �recreational vehicle to be considered a "legal resident/tenant" (1-4) �only applies if �it is parked in a. "�Mobilehome park" (5) . Which my property does not meet the requirement of "two or more�mobilehome sites" .

so is this person a :

Mobilehome Resident - NO �my property is a single family owner occupied home in a R-1 zoning district. And she is not�lawfully�occupying the �RV.

A �tenant�or lodger - NO as both ultimately require access to a dwelling. And a dwelling is defined as unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.� - I think my driveway definitely misses on the " sanitation.� requirement. .

What �noun �is left ..... �trespasser.�

intr.v. tres�passed, tres�pass�ing, tres�pass�es

2. Law :To commit an unlawful injury to the person, property, or rights of another, with actual or implied force or violence, especially to enter onto another's land wrongfully.

How do I get this person out of my driveway. �I've checked out the unlawful detainer forms for contra costa county and they don't fit. They are for�tenant eviction for non payment.

What �I have is a�trespasser creating a nuisance on private property.�

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