Legal Question in Landlord & Tenant Law in California

A family member came to my house saying they were in transition of moving and needed a place to crash for the night and 3 and a half months later they are still here. When they came i agreed to let them stay for the holidays but that they had to be gone by January 1st. In three and a half months i received $200 from them to help with their

costs for 3 people , then it became 4 people. Now its Jan. 5th and they refuse to leave and say they paid rent, but i was never renting to anyone. Do these unwanted houseguests have a legal right to continue to occupy my living room just because they gave me $200 one time in 3 1/2 months?


Asked on 1/05/13, 11:39 pm

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

Your family member/guests are under California law what is known as "tenants at sufferance". Tenants at sufferance are entitled to 30 days written notice of any termination of their tenancy rights/claims. There is also the argument that they are guests that have overstayed their welcome, but the police will consider this to be a civil matter and will probably treat the $200 payment is something like rent.

I recommend that you give all 4 adults a 30-day notice and ask that they be out sooner if that may be arranged. You may also want to check to see if there is a community mediation service where you live. A mediated arrangement may be something that all parties can live with but everyone has to agree to participate in the mediation.

If there is any risk of violence, you may want to consider seeking a restraining order. I would review this option with the legal self help center at your local courthouse.

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Answered on 1/06/13, 10:11 am


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