Legal Question in Landlord & Tenant Law in California

homeowner's rights- person won't leave

My daughter,25, asked to move back home until she could save up enough money to get her own place, about 4-6 months she figured. Her dad said yes. Her unemployed boyfriend, against my wishes, moved in too. My husband told him (and me) it was only for a couple of weeks until he got a job. After almost 4 months of no job hunting, eating, drinking, smoking, doing drugs, using foul language and watching TV 24/7, I told him to get out. He refused and started swearing and daring me to make him get out. I called 911 and police (4 patrol cars, 1 motercycle cop with guns ready, hiding behind bushes all around house!)handcuffed him and took him away.

Now I am told I will have to evict him if I want to make sure he does not return. They police said my home is now considered his residence, as if he rented a room here and I was his landlord.

I do not even know his last name or how old he is!

Is this true? He is a drug using, unemployed lowlife who has a record.

Is there a law defining a 'houseguest' verses a tenent?

How do I evect an unwelcome houseguest?

Thank you


Asked on 5/27/07, 3:56 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: homeowner's rights- person won't leave

The "gentleman" in question may be considered a tenant, private lodger, or houseguest---depending on how you may want to argue. You need to evict him, but that can be expensive (upwards of $600.

I see by your zip code, you are in Walnut Creek. I would try the local police, first. He may be on probation or parole, and perhaps you can get him arrested as a "violator". Also, it seems as if the officers who answered the call really didn't want to get more involved than the single call. Ask a local detective to help (frequently they will tell him to move out or be arrested)...assuming there is some fact you assert to have him arrested. If that doesn't work, ask the Contra Costa D.A.'s office to help. To evict him (by youself), you need to give him a three day notice, and begin eviction proceedings proceedings. Also, there are self-help web sites for the Contra Costa Superior Court showing you what, and how, to proceed with eviction proceedings. Again, cheapest and quickest is with help from police, and/or probation or parole officers. Good luck!

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Answered on 5/27/07, 12:33 pm


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