Legal Question in Landlord & Tenant Law in California

Re: Being used

Sorry, but I am tied up with clients, and can't answer for several hours.

But legally, you can't throw the stuff out, and the sheriff won't throw him,

You have to evict. More later!

Re: Being used

Sorry I took so long, for a more complete answer, but clients intervened, than the unexpected death of a family member, and all holiday plans changed, etc. etc. etc.

Without getting into complex teaching of the law here, your buddy is treated the same as a tenant, with you being the landlord.

You need to give him a three day notice to quit (google, or any other search engine should lead you to websites with samples) and make sure it is for being a "nuisance" and not for 'Rent".

After, the 4th day file an unlawful detainer.You can go through an eviction service, do it yourself, or hire an attorney. I recommend the latter, not because I want my brethren to be paid, but, because complications arise causing the need for an attorney's advice and knowledge, more often than not.

If you change the locks, and put his stuff outside, you put yourself in line for him to sue you, and be rendered damages.

We are talking about the real world here, not what is fair.

You should retain an attorney knowledgeable about landlord tenant law.Be careful!!!! Very few are!!!

Perhaps a strong letter from an attorney will get this deadbeat out, without the necessity of you spending $500 or up to evict him. If you are lucky, and I have seen these letters work numerous times, you will get him to leave, and save the eviction expenses, just for retaining a lawyer who gets him out with a single letter.

Please do not hesitate to e-mail, or call, my office for help, if you need further advice..

Again, I apologize for the delay, but there were reasons for it.

Happy Holidays, with or without your 6 month guest.