Legal Question in Real Estate Law in California

Probably not. Tenants are entitled to notice; guests are not. Someone who has stayed with you and never paid any rent is PROBABLY a guest. The difference is whether there were a promise to pay rent. If the friend agreed to pay rent and didn't, he or she has a strong argument that he/she is a delinquent tenant and not merely a guest. If there were no agreement to pay rent, the person is a guest. Guests can be told to leave, and if they don't pack up and get out right away -- within maybe 24 hours -- they become trespassers.

Oh, I should also mention that there are other factors that a court could and might take into consideration in deciding whether the party were a tenant or a guest. Did they move in with furniture? (Points toward tenant). Did they get their mail there, or maintain an address elsewhere? Tenants tend to get their mail there; guests tend to get it at their permanent address. However, I think the key factor is whether, and the time of the move-in, there was an understanding that the person would pay rent or perform services, or whether it would be free.

Finally, there is an in-between category known as "lodgers." A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all area occupied by the lodger, and has overall control of the house, but the lodger pays for living there, somewhat like a tenant, but without any exclusive possession rights. In the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser. Again, I doubt that your situation involves either a tenant or a lodger.

I agree with Mr. Whipple. Lodgers and tenants are created in situations where they occupy property and pay rent in exchange for living there. People who get invited in, but don't pay rent, are guests.