Legal Question in Real Estate Law in California

Re: Its time for a guest to leave

Someone who truly is a non-paying occupant and is not "hiring" the premises by paying rent in money or services is not covered by tenant's rights laws. Your stranger would probably be classified above the rank of trespasser right now; she is probably a "gratuitous guest" and a licensee. A license is a personal privilege and can be revoked at the will of the licensor. Advance notice is unnecessary, but express notice is recommended. Upon termination of the license, unless it is replaced by some other right of occupancy such as a lease, the former licensee becomes a trespasser and can be removed as such by the police. In some jurisdictions, the police may be hesitant or even unwilling to do this because they don't know whether the person is a tenant or not.

It is important to the correctness of this answer that the supposed guest truly not have been paying any consideration, either in money, services or the like. Otherwise, there is an argument that the person is a tenant or, more likely, a lodger.

Re: Its time for a guest to leave

Since she is not a renter, you do not have to go through the formal eviction procedures. prepare a written note stating that, that she has agreed to move herself and all possessions out by May 26, how she plans to move her possessions, that she agrees if she is not out by X hour you will call the police to have her removed, that she will owe you $200 per day for each day beyond the move out day she or her possessions remain there, she gives you permission to immediately get rid of those possession starting 5/26 without having to compensate her, that she will give you back the key and all copies of it by 9 p.m. 5/23 [that way you will know if she is going to leave], that she has to confirm by 5/24 9 p.m. how she is going to remove her items [moving van, friends truck, moving company, etc., and that if she does not leave on time she agrees that you can take a judgment against her in the amount of $ per day as fair market rental value, your attorney fees, and all your costs. Get her to sign in front of a friend or two of yours and have them sign as witnesses to both of you having signed the document. If she does not move, call the police to have her removed as a trespasser, point out to the police she is not a renter.