Legal Question in Real Estate Law in California

When I moved into a room of a homeowner and there was no rental or lease agreement written what are the laws regarding me moving or her asking for money when I am not there at the house? Im out of state right now-which is something she already knew I would be doing. I have been communicating with her about my situation-everything was fine. Now she has sent me a pay or quit notice. What are the laws concerning this? Also my belongings are still there at the house, can I still collect them?


Asked on 5/03/11, 10:27 am

2 Answers from Attorneys

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

When you move into someone else's home, you might be a free guest, a lodger, or a tenant.

Although the facts aren't very detailed, I'd guess that you are (or were) a guest, since there was no written, oral or implied agreement that you should pay anything for the privilege of staying there. (If there were, you'd probably be a lodger).

(By "guest," I mean someone like a relative or friend of the owner, who is invited to visit and stay for free, rather than in the sense that someone who spends a few nights at a hotel would be called a guest of the hotel, even though paying.)

As a guest, staying for free, the owner has a right to tell you to leave when they get tired of you and your welcome is worn out. They don't need to give you any of the termination-of-tenancy kinds of notice specified in the Civil Code, and if you don't leave promptly, you become a trespasser.

If you have moved in with some baggage, you have a right to retrieve it.

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Answered on 5/03/11, 12:02 pm
George Shers Law Offices of Georges H. Shers

You need to provide more information as to what you were paying, if anything, etc.

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Answered on 5/03/11, 2:07 pm


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