Legal Question in Real Estate Law in California
Does an ''occupant'' have rights?
I had a friend stay at my apartment for a few weeks with the intention of us moving to a larger place. Due to some problems he decided to move out. He did not take all his possessions, so I put them on the patio so that he could retrieve them even if I was not home (I had taken his house keys immediately so that he would not have copies made).
He believes that he has the same rights as a tenant, in which I must keep his items safe for at least 30 days. He has never paid rent to me or to the landlord. The landlord was never even notified that he was staying with me. Am I responsible for his possessions if he does not retrieve them from my patio? Do I have any responsibilities since I let him stay at my place?
2 Answers from Attorneys
Re: Does an ''occupant'' have rights?
Under the scenario described landlord/tenant law does not answer the question. Instead the law of bailments does. You have the obligation under the law of bailments to act reasonably under the circumstances in protecting and preserving the property of another. Exactly what this means is subject to interpretation and I would advise you to err on the side of taking steps to safeguard the property. You may, for instance, move the goods into storage, notifying the owner of the location and his right to pick them up following payment of the storage charges.
Re: Does an ''occupant'' have rights?
Whether the other person was a guest or a sub-tenant is a question of fact. There are no rigid guidelines for distinguishing guests from subtenants, but factors that would be considered by a judge include duration of the occupancy, whether the person brought furniture and considerable baggage, whether the person had another residence, where they received mail and phone calls, and all similar indicia of residency.
If the person falls into the subtenant category, you are his landlord. The subtenant's relationship or non-relationship with the primary lessor, manager or landlord has little significance.
A lessor's or sub-lessor's responsibilities and liabilities for (sub)tenant property are set forth in the Civil Code; see sections 1965 and 1980 et seq.
The landlord's duty is not limited to 30 days.
If the other person is a guest and not a tenant, your treatment of his belongings is covered by two separate categories of law. First, you cannot take it and sell it, or use it yourself, without permission--to do so would be a tort called 'conversion,' a kind of civil theft. Second, you would have a limited duty to care for it until reclaimed. This duty is probably less than the duty owed a departed (sub)tenant, but to stay out of possible trouble my advice would be to treat left-behind guest property pretty much the same as though it were tenant property.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
