Legal Question in Landlord & Tenant Law in California
Removal of unwanted guest in my home
Hi, my friend wants to stay at my place for a while until she gets back on her feet. I've heard that once a homeowner invites someone to stay in your home, they have a legal right to be there or something and you can't just kick them out without going through a legal process (even if I am the sole owner of the home and am not renting out a place for a certain amount of time) What are California laws regarding this? If I want my friend gone after a certain amount of time and she refuses to leave, can I call the cops and have her removed for trespassing? Some more info, I am the sole owner of this home and I don't plan on charging any rent or help in bills, it's strictly a favor for a friend to stay for a short period of time (2-3 months). This is not a landlord/tenant situation but a homeowner helping out a friend. I don't know if there's a difference in legal terms. As a homeowner what rights does a temporary guest have to stay in my residence? I'd like to know before I decide to invite a friend to move in for a while in case something goes wrong and I want them out. Thank you in advance for any response!
1 Answer from Attorneys
Re: Removal of unwanted guest in my home
It doesn't matter that you are the sole owner, that you are doing it as a favor, that you aren't charging your friend, or that you are covering all the bills. A landlord/tenant relationship will undoubtedly be created, which means that if in three months you ask your friend to leave, and she doesn't, you cannot simply kick her out - you will have to go to court to evict her.
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