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  1. #1
    Join Date
    Nov 2011
    Location
    Los Angeles
    Posts
    48

    Default How to Get Rid of Overstaying Guests

    My question involves an eviction in the state of: CA

    So here is a situation going on amongst some friends of mine.

    Friend "Mike" is staying over at friend "Paul's" apartment since the end of January. Paul has verbally (no written contract) told Mike that he must pay rent at the end of February or else he must leave and agreed. If Mike does not Pay, but refuses to leave, how can Paul remove him? By staying with Paul for so long does Mike establish any tenants rights? How can Paul get rid of Mike? Must he go through a standard landlord-tenant eviction process or does he just call the police to have him removed? Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,076

    Default Re: Can Guests Claim Tenancy Rights or How to Get Rid of Overstaying Friends

    Does "Mike" have his own room? Is he living on the couch and out of a suitcase?

    Is he contributing to food, utilities, or other household expenses even occasionally?

    Depending on the details "Paul" may find the police very reluctant to boot "Mike" out. But, more details are needed.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Nov 2011
    Location
    Los Angeles
    Posts
    48

    Default Re: Can Guests Claim Tenancy Rights or How to Get Rid of Overstaying Friends

    Mike doesn't contribute any money. Paul basically pays for all the food and drink and Mike just mooches. He sleeps on the couch and lives out of a suitcase. Any other details that might be helfpul?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,076

    Default Re: Can Guests Claim Tenancy Rights or How to Get Rid of Overstaying Friends

    Quote Quoting LAWwaldo
    View Post
    Mike doesn't contribute any money. Paul basically pays for all the food and drink and Mike just mooches. He sleeps on the couch and lives out of a suitcase. Any other details that might be helfpul?
    Sounds like a gratuitous guest. The police can ask him to leave. But, if he says he pays for some of the food and some of the bills - at least a few times, that could change things again. The police are very reluctant to get involved in a matter they see as a civil issue and not a criminal one.

    If I were Paul I'd tell Mike to get out. By allowing Mike to stay and making arrangements and agreements allowing him to stay Paul only increases the likelihood that this might be seen as a civil matter and he would have to evict Mike.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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