Legal Question in Real Estate Law in California

Re: Tenant's rights

The first step is to ask them to leave. If they refuse, what you do next depends upon the relationship between you and the person you want to move. Ultimately, if the person refuses to leave, you will be forced to bring a lawsuit of some sort. You should probably make an appointment with an attorney in your area to discuss this matter in detail so that you can obtain the best advice.

Re: Tenant's rights

If someone is living in your home and not paying rent of any kind, whether in money or by performing services, and there is no agreement for them to pay rent and there never was an agreement for them to pay rent, and they are not a co-owner, then they are a guest.

I have heard, but cannot confirm through research I've just done, that it is also necessary that the person have another place as their primary residence to be classified as a guest rather than as some kind of non-paying tenant with tenant's rights.

True guests (in the sense of an invitee, rather than a paying guest at a hotel or the like) do not have the same rights as tenants, lodgers, boarders, or paying guests. They are not entitled to notices or a formal eviction process.

Of course, if they do not leave voluntarily when asked to do so, the homeowner's right to use forcible means to remove or exclude the unwanted guest is somewhat limited. You should not provoke a civil disturbance. The police will probably not intercede.

Legally, what you would have is a civil trespass. There would be two remedies (at least) - an action for damages for trespass and an action for an order removing the guest, called ejectment.

Whether you can be sued is easy to answer - you can be sued. The issue as to whether the unwelcome guest would sue, or would win if they did sue, is another question.....the information given is not sufficient to say whether the person is a true guest or could successfully claim to be your tenant.

Re: Tenant's rights

Just give the residents a 30 day notice, and then you do not need to worry whether they are tenants or guests, or whatever. A 30 day notice covers them all. If they do not move out in 30 days, you can evict them.