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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35845
Experience:  Attorney over 16 years, landlord 26 years
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Does a tenant who pays rent and a guest in your home have

Customer Question

Does a tenant who pays rent and a guest in your home have the same legal rights when asked to vacate in California?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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How long has the "guest" lived there?

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Do they have all their personal belongings there?

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Do they get mail there?

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Have a key to the property?

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thanks

Barrister

Customer: replied 9 months ago.
The guest has lived there for at least 5 years; they have personal possesions at the house, they gett mail, and they have a house key. They do not pay rent nor any utilility bills (Electrical, Water etc), no maintenance.
Expert:  barristerinky replied 9 months ago.

Ok, then they legally are a tenant. They are just a month to month tenant under an oral tenancy agreement. If the owner wanted to force them to leave, they would have to give them a written 60 day notice to terminate the tenancy (since they have lived there over a year) and then pursue a formal eviction through the courts if they wouldn't move out.

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A "guest" becomes a tenant typically after they have lived there over a brief period, normally 30 days, have moved in their property, and have used the property as their home.. This is the case even if the person pays no rent, no utilities, and does nothing to contribute to the household.

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If the occupant doesn't move out within that 60 day period, on the 61st day following the delivery of the notice the landlord can file an Unlawful Detainer (eviction) action. The occupant has 5 days to respond or landlord can file for a default judgment. Once the judgment is final (occupant does not appeal) landlord can get a writ of possession. On the 6th day after getting the writ of possession delivered, landlord can have the sheriff supervise the eviction of any occupant and their belongings.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister