Legal Question in Landlord & Tenant Law in California
landlord and tenant
How can you evict someone who was invited to stay for two weeks and has stayed for six months, and refuses to pay rent or utilities. The house is rented.
2 Answers from Attorneys
Re: landlord and tenant
The law is not perfectly clear in this situation, but to be safe, I would recommend serving the person with a 30 day notice to vacate. If he does not move out in 30 days, then you can file an Unlawful Detainer Action based upon a tenancy at will theory. If you were to just kick him out without 30 days notice, there is a possibility you could be sued for wrongful eviction.
Re: landlord and tenant
Mr. McCoy has the right result, but the wrong reason.
An invited guest is an exception to a tenant paying rent. Give the 30 day notice followed by the unlawful detainer.
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