Legal Question in Landlord & Tenant Law in California

at what point does a guest become a "Tenant" and is then entitled to all the rights of a Tenant. I have a guest whom has overstayed Her welcome. She new well that i had given notice to the landlord (a very good friend of mine) that I would be moving out. She had removed a few of her belongings as if she was moving on. When it came down to the last day She declared im a Tenant and refused to leave. She has recieved no mail here has no key has paid no rent does not have her own room or area. She has not spent the night here for over 8 nights but called the police when i wouldnt unlock the door for Her. The police sided with her and declared she was a tenant and could enter by whatever means she had to. Im on the hook for contiued rent I cant dump this problem on my landlord. HELP!!


Asked on 5/01/11, 12:09 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Until there is an obligation to pay rent, a person is not a tenant. Your guest has no rights. The police do not want to be involved in "civil disputes" so supporting her when they should have refused to be involved; if she calls them again tell the police they are breaking the law by interjecting themselves incorrectly in a civil matter, opening themselves and their agency up to a civil suit. If the police try to be involved, tell them to contact immediately the City Attorney's Office who will tell them to back off.

You will need to get the landlord involved as they are going to have to change the locks and take possible court action to get her arrested for trespassing. Demand of her what the legal basils is for her staying and does she want to be arrested for trespass and sued by you and the landlord for damages? The lawsuit will appear on her credit record. If one could become a tenant merely by saying that, then people could go to hotels and when it was time to pay their bill for staying there just declare they are a tenant on a rent strike. Can you get a divorce by turning around three times and saying "I divorce thee, I divorce thee, I divorce thee"?

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Answered on 5/01/11, 7:12 am


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