Legal Question in Landlord & Tenant Law in California

Re: ''squatter'' eviction

He is not a squatter, but a "private lodger".

Had you ever charged him rent? (Yes, I know he didn't pay). If so, you give him a notice to quit in the amount of time he was supposed to be paying. Otherwise, notice to quit in 30 days.

The law is hazy on evictions here. If you have other private lodgers (which your adult daughter "might" be), you need to file unlawful detainer action. If no other private lodgers, and your 19 yr. old might not be, since she is a member of the family, you should have this loser charged with trespassing and removed.

Sounds like your local police are practicing law without a license, and incorrectly.

I would doubt this gentleman will fight a trespass charge. Serve him notice at once!

Good luck!

Re: ''squatter'' eviction

You must comply with civil procedure and file a complaint. If you wish representation I can do it for a nominal fee. Please call me to

discuss.

Re: ''squatter'' eviction

The police were not telling you the law but whether they would enforce the law. It is questionable whether there is any such thing as a squatter in California. Your merely sitting on a piece of property gives you no rights to that property; can a person staging a sit in claim he can not be removed by the police for trespass because he has squatter's rights!

My feeling is that you could just kick him out, but you have been indirectly told that the police will likely not do anything to help you. If he threatened physical force against you that is an assault and you can give him a three day notice [you can get the form off the internet]. Since you do not know where he is, pin it up on the door of the room he stayed in and some outside door that your neighbors willnot be able to see what the notice says. If he comes back, tel him you will go to court to have him evicted.

Now, of course, the problem with all this legal advise is that your daughter will then run off with him if she fnds out what you did, so you have to try to convince her that he has abandoned her and all he cared for was to get free room and board and sex and not her.

Good luck.