Legal Question in Real Estate Law in California

I have a friend that is down on her luck and needs a place to stay. would love to help her out, but don't want something to go bad and not be able to get her to move out if that time comes. is there a contract or something i can get her to sign to give up any squatting right and leave if i ask her?


Asked on 6/11/14, 11:13 am

1 Answer from Attorneys

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

The facts that a person is/was your friend and was down on her luck may not be decisive if a problem occurs later on. The law will tend to look, first of all, at whether the person became a tenant, or was merely a guest or possibly a lodger. All three are separate legal categories. You didn't say whether the place you were going to put her up was in your own home or in a separate place, nor whether you were going to charge her anything or give her the quarters gratis. You are safest if you charge nothing and let her stay at your place; that makes her a guest and she becomes a mere trespasser if you tell her to leave and she doesn't within a reasonable time. Your friend acquires the largest bundle of rights if she becomes a tenant, even if her rent is bargain-basement, which she would if she pays anything and gets a separate space. Even so, an eviction isn't usually horribly difficult, but in any case, you'd be best off with a suitable written agreement covering the basic terms and including her promise to depart "when that time comes." More specific advice would require more facts. There are lots of form rental agreements around, if that's appropriate in this situation.

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Answered on 6/11/14, 2:15 pm


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