Legal Question in Real Estate Law in California

Re: Rent Free Tenant Rights

Someone who is on land with permission never gains so-called "squatter's rights," i.e. ownership by adverse possession. The reason is that the possession, being permissive, cannot be adverse.

Of possibly greater concern, but still not a huge threat, is the possibility that the guest may have some rights as a purported "tenant." The rules for distinguishing between a tenant and a guest are moderately clear, but not extremely so. If no rent is being paid, either in cash or by performance of services (such as mowing the lawn), the guest would seemingly have no basis to argue that he/she is a tenant and hence entitled to notice, formal eviction proceedings, etc. The traditional rule is that a true guest becomes a trespesser when the invitation to be a guest is withdrawn. Still, freeloader-type guests have been known to assert rights beyond those of guests when faced with being thrown out by the police.

The bottom line is that this can be a quagmire of problems, but none so serious as loss of ownership through adverse possession; and there may be no problem at all if the "guest" is a reasonable and law-abiding person, but some folks who think the world owes them a living, and a place to live, can pull up theories that might give the heirs a few stressful moments.

Re: Rent Free Tenant Rights

No.