Legal Question in Real Estate Law in California
Daughter as Tenant
My 23 year old daughter has decided
to live a slutty lifestyle in addition to
not abiding to a demand to remove a
dog from our premises. I do not
want to be responsible for her or the
consequences of her actions in any
way and want her out of the house
immediately. I don't have a lot of
money and would like to know how
to proceed with her eviction. She
won't pay rent, is employed and has
a car payment and a few other bills,
nor will she willingly move.
4 Answers from Attorneys
Re: Daughter as Tenant
I am so sorry for your problems with your daughter.
Does she pay rent? This is key. Is she living in your personal residence? If she isn't paying rent and living in your personal residence, just call the sheriff to get her out. If she is paying rent, or neglecting to pay rent, you can give her a 3 day notice to pay or quit.
Re: Daughter as Tenant
Unless she has some kind of written agreement with you such as a lease, she is a "lodger" and all you need to do is call the cops. More likely you would wait until she is out of the house and have the locks changed.
Re: Daughter as Tenant
Non-owners living in a house can fall into any of several categories, as the previous answers suggest. These categories include, in decreasing order of relative rights, tenants, lodgers, guests and trespassers. The tenant category has some subcategories which aren't important here, because it doesn't sound like your daughter is a tenant.
A lodger is someone who pays rent for a room, or room and board, in a dwelling unit also occupied by the owner. Adult children living with parents and paying rent or sharing expenses often are lodgers.
A guest (and I don't mean it in the sense of a hotel guest; that's a legally separate concept) is someone you invite to stay with you for free for a limited (but indefinite) period of time.
Lodgers can be terminated by written notice at least as long as the term of hiring. Guests can be asked to leave at any time. If either a guest or a lodger does not then leave, they become trespassers and can be removed by the owner, with or without police assistance, under Penal Code 602.3 for former lodgers or 602.5 for former guests. Police assistance is recommended, and to obtain it a prior contact with the police, describing the property owner's rights and the trespasser's lack of rights, should be made.
Re: Daughter as Tenant
a 3 day notice should be served. Then an unlawful detainer should be filed. We can help you with that. Please call us if you have any questions.
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