Legal Question in Landlord & Tenant Law in California

eviction

i allowed a ''friend'' to move into my home with the understanding that it was a tempory arraingement (2 to 3 months max),no ''rent'' to be paid, just help out with handyman tasks till he could get back on his feet and find new housing.

it is now 2 years, how do i get him out of my house? i have asked him/told him at least 6 times in the last 8 months to get out, that he is not welcome in our home any longer, but he just ignores me.

i had been told that i have to ''serve'' him with a ''3 day notice to quit'', but since there was no ''money'' involved i'm not sure that this is the correct form.


Asked on 11/26/03, 2:21 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: eviction

You are correct, it is not the right form. The correct form is a 30 day notice to quit. Once this is served and the 30 days elapses, then you may file an unlawful detainer action. California law has a legal name for the resident: he is called a tenant at will. You cannot just boot him out because he could sue you for this.

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Answered on 11/26/03, 8:05 pm


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