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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12362
Experience:  JD, MBA
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I let a friend move into a spare room while she was going through

Customer Question

I let a friend move into a spare room while she was going through the beginnings of a divorce. She has a just turned 4 year old son. The home is part of a working horse ranch and although the horses are contained, there still presents a significant risk of injury and even death to a small child left to roam outside unsupervised. I discussed this with her before she moved in, and many times in frustration since. She has ignored all my warnings and her son escapes outside several times a day alone. I have now become the babysitter by her absence and negligence. He has let a horse out, I have found him feeding hot dogs to them, and once caught him waving a piece of rebar steel at my ranch dog. The horses are not the only danger - rattlesnakes are seen this time of year and he is fond of playing with sticks and branches. I am afraid he may try to handle a rattlesnake like a stick and get bit. She cares more about being on her cell phone to whoever it is she talks to all day than what her kid is doing. As a result, my life has been hijacked and it is making me literally sick. Can I force her to leave under these circumstances and before something serious happens? I am in California.
Submitted: 5 years ago.
Category: Legal
Expert:  TJ, Esq. replied 5 years ago.
Hello and thank you for allowing me the opportunity to assist you.

You can certainly force your friend to leave whenever you'd like. Nothing you wrote indicates that your friend is a tenant. Rather, it appears that your friend is just a house guest. If so, then you would not have to evict your friend. Instead, you can tell her to leave, and if she refuses then she is a trespasser. At that point, you could ask the police to physically remove her if necessary.

The legal authority supporting my opinion is found in the case Cassidy v. Cassidy, C052802 (Cal. App. 1/14/2008) (Cal. App., 2008). In that case, some people had "permission" to stay at a house, and lived there for 4 months. They did not pay any rent. The owner locked them out and put their belongings in storage. They were not deemed tenants, but just licensees whose license had been revoked. They lost their suit for unlawful eviction.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!