Legal Question in Real Estate Law in California

Hi,

I live in California and am in need to educate myself on my real estate rights. I own a home and allowed my girlfriend to move in for ~1.5 years. She then moved out of state and even changed her license plate and state ID. However she still has her belongings at my place and continued to have some of her mail sent to my address. The situation is she has been back for 2days 2 nights and thing have come to light that rapidly deteriorated the relationship and I want her out.

In this case is she considered a person who has tenant rights? If so does this mean I have to give her 30 days notice? Also what facilities is she entitled to (there are 2 rooms however only 1 bathroom which would give her access to my belongings and change to do damage)?

Legally since she has only been here for 2days and 2 night, can I simply change the locks and put her stuff out? If not legally, but I still do it what are my potential consequences?

Thanks,

D


Asked on 2/22/16, 8:30 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Non-owner occupants of real estate can fall into any of several categories. The ones that come up most often are tenant, lodger, guest and trespasser. It sounds as though this lady fits into the guest category. Guests don't have the significant rights that paying tenants or lodgers have, and can be turned into mere trespassers by giving them notice that they are no longer welcome, allowing them a reasonable period of time to pack their bags and get out -- often, oral notice and 24 hours will be sufficient, but it's somewhat governed by whatever is reasonable under the circumstances. When the guest fails to leave and becomes a trespasser, it's time to change the locks -- or call the sheriff. As to any property she leaves behind, you do have an additional obligation to store it and make it available for pick-up, after which you can sell it or dump it, depending on its value, and if you sell, the net proceeds belong to her.

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Answered on 2/22/16, 9:22 am


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