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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 14614
Experience:  Just Answer consultant at Self employed
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Some family friends were displaced last november and they

Customer Question

some family friends were displaced last november and they still wont leave even after almost 11 months what rights to get them out do i have i live in home with my children
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: california
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: the cops say i have to do unlawful detainer but we have no lease these people took over my home
JA: Anything else you want the lawyer to know before I connect you?
Customer: no just no lease
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 10 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Customer: replied 10 months ago.
thanks
Expert:  legalgems replied 10 months ago.

I am very sorry to hear this; do to rising rental costs this is becoming more common and unfortunately most people that try to do a friend a favor does not realize they may be inadvertently creating a tenancy.

CA law will find a tenancy if a party resides in a residence and is allowed to use that residence as an average person uses their residence-ie they keep their belongings there, accept mail there, invite guests, etc.

In such cases the court will impose a tenancy (implied) that is typically deemed a month to month tenancy; for such tenancies that last under 1 year in duration the landlord would need to provide a 30 day notice to vacate and if they fail to vacate then proceed with an unlawful detainer action.

Please see:

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

The "landlord" may not use "self help eviction" by locking out the tenants without exposing oneself to liability (ie housing costs for the 30 day notice period, and even for the time period for which a normal eviction requires).

If the parties do need to pursue an unlawful detainer action the landlord may request attorney fees and costs.

Some people will pay "cash for keys" provided the party signs a release and vacates by a certain date but that is difficult to do after providing a favor.

I am sorry that I do not have better news but most states, especially CA, tend to have laws that favor the tenant. Tenant laws apply to most situations except for those listed here:

http://www.dca.ca.gov/publications/landlordbook/whois.shtml

Customer: replied 10 months ago.
i cant afford that today just would like some advice this has been a nightmare
Customer: replied 10 months ago.
they dont have keys or anything and they cant have guests arent they considered lodgers they were also served 30 day notice in auguest
Expert:  legalgems replied 10 months ago.

I believe you are referencing the auto generated phone call service; I don't participate in that but can assist you on this page.

Normally a lodger is someone who is assigned a room and does not have free range of the common areas.

If 30 days notice was provided in accordance with the law and the party has not vacated then the unlawful detainer proceeding may be initiated.

Forms are here:

http://www.courts.ca.gov/forms.htm?filter=UD

detailed explanation of process here:

http://www.courts.ca.gov/selfhelp-housing.htm

Further questions please post here; otherwise kindly rate 5 stars.

Information provided is for educational purposes only; advice or a specific course of action may only be offered by a private attorney after an indepth consultation.