Legal Question in Landlord & Tenant Law in California
I gave verbal notice on October 8, 2010 to my ex-boyfriend to move out of my house by Mid November. He asked for additional time so I extended it to December 2nd and gave him a written notice with our agreement. Total time given to him to move out was 55 days. He has lived in my house for 7 1/2 years. He is now asking for 6 more days and may keep trying to extend it. He doesn't pay rent because he is on welfare. I have been supporting him for years and can't do it any more. Since I gave him more than 30 days notice to move out, do I need to give him more than the 55 days? If someone doesn't pay rent, do I need to pursue legally to kick him out the same as someone who is paying rent?
2 Answers from Attorneys
Guests in your home do not have the same protections as do tenants. Tell him that you will be calling the police if he doesn't get out immediately!
A guest (licensee) is not entitled to a notice like a tenant. Therefore you can tell him to leave and if he does not he then becomes a trespasser subject to being removed by the police. However if you call the police and he tells them that he has been living there for some time the police may be hesitant to make him leave because he may be a tenant in their minds. The police are not attorneys and most do not know landlord/tenat law. They cannot distinguish the difference between a tenant and a licensee. If they do not make him leave you may need to do an evcition, based upon proper written notice, to have him go.
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