Legal Question in Real Estate Law in California

fired ranch hand refuses to leave my property in California. He lives in his motorhome but uses our public bathhouse to shower/ toilet and store his refrigerator in the bathhouse. Can I carefully remove his refrigerator from the bathhouse and bolt the door so that he can no longer use the facility? We found out that he has 2 warrants against him for cruelty to animals. How can we make him leave the property?


Asked on 3/19/13, 8:27 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You didn't say whether you had any kind of lease or rental agreement, either as part of the employment arrangement or as a separate deal. I'm going to assume none, except that you probably had an oral or implied understanding that permission to park and use the motor home on your property was part of the employment package.

As a general rule, when an employee is allowed to reside on the employer's property as an aspect of the employment, the former employee's right terminates when the employment ends. At that point, if the former employee refuses to vacate the property, the former employer must bring an unlawful detainer action. See Code of Civil Procedur section 1161. Self help such as changing of locks is not allowed, see the case of Eichhorn v. De La Cantera (1953) 117 Cal.App.2d 50. The ex-employee is not entitled to notice before the action is brought.

However, avoid asking for rent, such as by giving a notice "to pay rent or quit" or the like, because this could convert the ex-employee's occupancy into a month-to-month tenancy.

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Answered on 3/24/13, 2:06 pm


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