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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9035
Experience:  since 1983
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I heard that if you invite somebody to stay in your home by

Customer Question

I heard that if you invite somebody to stay in your home by California law they don't have to leave when you want them to; especially if one of them is a disabled person. is this true?
Submitted: 5 months ago.
Category: Legal
Expert:  N Cal Attorney replied 5 months ago.
Thank you for your question. No, this is not true, a houseguest can be asked to leave at any time. As long as the guest has not paid rent, he or she cannot claim the status of a tenant. A guest who refuses to leave is a trespasser and can be reported as such to the police. If a guest is paying rent, he can be removed as a lodger without the rights of a tenant if there are no other lodgers, see states:Single lodger in a private residenceA lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.9 Most lodgers have the same rights as tenants.10However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.11 To repeat, a guest who pays no rent can be asked to leave at any time, and will be treated as a trespasser upon a refusal to leave the property. I hope this information is helpful.

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