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.


Asked on 6/04/08, 4:48 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

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.

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Answered on 6/04/08, 8:43 pm
Robert L. Bennett Law offices of Robert L. Bennett

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.

I think you'll findhttp://www.freerepublic.com/focus/f-chat/1321927/poststhe website for a similar situation interesting.

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Answered on 6/14/08, 10:01 pm


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