Legal Question in Real Estate Law in California

Re: tenant's rights

There is a small element of truth in the proposition you state, but it is more false than true.

First, so long as the person is legally a "guest," they do not have any of the rights of a tenant.

However, determining whether an occupant is a guest or a non-paying tenant is another matter. A person is not necessarily a guest just because they pay no cash rent. Also, a person who is initially a guest can become a non-paying tenant due to changes in circumstances.

The main characteristics of a guest (as opposed to a tenant) are that the guest has another residence somewhere, notwithstanding that they have been occupying your place for a long time, perhaps years. If the person gets mail addressed (rather than forwarded) to your place, has his or her phone number there, uses the address as his or her sole address, moves in furniture, has no possessions elsewhere, the "guest" is probably a tenant.

The question of whether or not the person pays anything, or performs services of value, is also a factor in distinguishing a guest from a tenant. If the person performs services such as caretaking, this tends to increase the likelihood that a judge would rule that the person is a tenant. On the other hand, if the person moved in as a house-sitter for a an agreed-upon period of time, it is very unlikely that a judge would rule that the person became a tenant by failing to leave at the end of the agreed period.

So, the initial understanding of the parties is of some importance.

Other factors in distinguishing a guest from a tenant is whether the person has sole occupancy or if the owner is also in co-possession.

There is no magic number of days, such as 30, to convert guest status to a tenancy. A person can become a tenant the minute they step over the threshold, or can remain a guest for 30 years.

Finally, "does not have to move" is too broad a statement of a tenant's rights. Even if the person is a tenant, they "have to move" if evicted by a proper and legal process.