Legal Question in Landlord & Tenant Law in California

Need to evict guest from my home.

I have a guest that will not move out. He has been at my home for approximately 3 months, and I requested that he move from my home, and he refuses. What is my legal rights? Do I need to take legal action against him, if so what do I need to do and what documents are required? Can't I just lock him out, or call the police? This is very important, so if you would kindly respond with the easiest method besides talking to him, it would be greatly appreciated. Thank You.


Asked on 11/13/06, 10:37 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Need to evict guest from my home.

Give him a letter stating that he has 30 days to move out. If he doesn't move out in 30 days, call the police to have him removed for trespassing. Good luck.

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Answered on 11/14/06, 11:48 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Need to evict guest from my home.

Unfortunately, since your tenant has been living in your home for 3+ months, he has acquired "tenancy rights", rather than just a temporary, shortterm guest. As such, you cannot use "self help" in removing him, or you could be in violation of landlord/tenant laws. You need to treat this person as a tenant, issue a 30 day notice to leave in writing and/or file for an unlawful detainer suit. For prompt, affordable assistance in handling this delicate legal situation PROPERLY, contact us today for a free phone consultation. Unfortunately the police cannot "evict" him either as a trespasser at this point in time, due to his civil tenant rights established over the 3 months he remained with you to date.

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Answered on 11/14/06, 1:33 pm


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