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House Guest Removal in California

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  • 09-19-2005, 04:00 PM
    Need4Help
    House Guest Removal in California
    Greetings,
    I need some help ensuring all legalities are followed to properly evict a house guest/roommate.

    She was invited for a period of three months to give her rent-free housing to look for work. By the end of the third month, she illustrated she had too many personal issues to land a job (behavioral and otherwise).

    We extended her welcome by placing rules on her behavior, which she has broken many times. We agreed her stay would rely upon her seeking help, therapy and recovery programs in order to be more helpful with her future, with a review after every 2 months. She has failed on all of this. She has books she wont read, meds she wont take, and even therapy we paid for- her therapist said is a lost cause. She continues to be a nuisance, refuses to work, refuses to abide by her agreements, and refuses to seek help, and has many violent episodes at random from mental illnesses. She has been here now for a total of 11 months and we're both assured there is nothing else we can do.

    She is not on the lease and has never paid rent. We've provided all her rent, bills and expenses. I have verbally explained to her we're about to give her a 30-day notice to move out, but she has expressed she will not vacate the premises without being forcefully ejected. In past episodes where her behavior had neighbors call the police, she attempted to point at any scratches or flaws on her person and explain they came from us (two males), but the police luckily didn't side with her and hauled her down to psyche-ward for observation. We have never touched or assaulted her in any way, although she very commonly has physically assaulted us in her episodes.

    My questions are:
    1) What kind of 30-day notice (California legal) needs to be served to a house-guest. As she's been living here for so long, I'd imagine she qualifies as some form of roommate even though she is not on the lease and never paid any rent.
    2) As she will resist the eviction, what steps are needed to have her escorted off the premises? I am considering a restraining order at the end of the 30 days and the possible need for a call to the police/sheriff for forcible eviction in order to bypass any claims of physical assault she may try to use.

    We've already taken pictures and inventory of belongings. She has in the past done much property damage during her episodes. We're more interested in getting her out of our home than recovering losses as we can fix or replace whatever she may damage or steal.
  • 09-19-2005, 05:29 PM
    Mr. Knowitall
    Getting Rid of Unwanted Guest
    I think you're wrong in your assumption that a long-term houseguest becomes a tenant or lodger, even though the houseguest has never paid a penny in rent. But you can clarify that with a California lawyer if you choose.

    If you were the owner of the dwelling you would have recourse under the lodger statute:
    Quote:

    Quoting California Civil Code Section 1946.5.
    (a) The hiring of a room by a lodger on a periodic basis within a dwelling unit occupied by the owner may be terminated by either party giving written notice to the other of his or her intention to terminate the hiring, at least as long before the expiration of the term of the hiring as specified in Section 1946. The notice shall be given in a manner prescribed in Section 1162 of the Code of Civil Procedure or by certified or registered mail, restricted delivery, to the other party, with a return receipt requested.

    (b) Upon expiration of the notice period provided in the notice of termination given pursuant to subdivision (a), any right of the lodger to remain in the dwelling unit or any part thereof is terminated by operation of law. The lodger's removal from the premises may thereafter be effected pursuant to the provisions of Section 602.3 of the Penal Code or other applicable provisions of law.

    (c) As used in this section, "lodger" means a person contracting with the owner of a dwelling unit for a room or room and board within the dwelling unit personally occupied by the owner, where the owner retains a right of access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit.

    (d) This section applies only to owner-occupied dwellings where a single lodger resides. Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides.

    But you seem to be a renter yourself, so that language does not seem to apply. So if you want to evict, you would presumably have to give the proper notice, then go to court to get an eviction order.

    Given the cost and burden of that process, I think you should check out my initial gut instinct - that this person is a mere guest who can be tossed out any time you choose - and if a local lawyer agrees with that assessment have the landlord change the locks the next time she is out (or is institutionalized).
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