Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Would it be possible to provide a few recent California

Customer Question
Hi Richard, would it...
Hi Richard, would it be possible for you to provide a few recent California cases that indicate a three-month gratuitous guest who purchased some minor household items is entitled to treatment as a tenant and therefore 30-days notice? This would be very important as it would refute the California legal sourcebook used by law enforcement -- or at least it would clarify the definitions/interpretations of gratuitous guest and tenant. Thanks in advance!
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 days by:
8/20/2015
Lawyer: Legalease, Lawyer replied 2 years ago
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,385
Experience: 15 years exp all aspects of general law
Verified

Hello there -

-

Richard reviewed the question and declined to respond and thus the moderators have sent it to several lawyers over the past day for a response and none of the lawyers have been inclined to answer the question. This is because such case law does not exist in CA or in any other state in the US. The Landlord Tenant law and cases which have been heard in CA appeals courts come down on the side of the Tenant in a situation that you describe above.

-

You see, the legal measuring point of whether or not a person is a guest or a tenant is NOT whether or not they are paying rent to the landlord or to the tenant who actually signed the lease with the landlord. It is not even whether or not they purchased items as furniture for the unit or moved items into the place that make it appear that he or she is living there on a full time basis. The measuring point in these cases is the number of nights that any such "guest" has actually spent sleeping the unit. If the time period has been less than a month and a landlord can show that the "guest" is truly a guest at the unit -- that the guest has not spent more than a few nights at the unit on a continuous basis during the preceding 30 days prior to the police being called to remove an "unwanted guest" from a unit, then the landlord will have a case and the police should remove that person as an unwanted guest. However, if the tenant can show some proof to the police that they have lived there continuously for several weeks and then beyond the 30 days or more mark, then the police will err on the side of every caution and simply tell the owner/landlord to use the civil eviction method for a tenant under the landlord / tenant laws.

-

I have not seen the CA legal sourcebook used by law enforcement, but such manuals are rechecked frequently against current law and if the conclusion in that sourcebook states what I have told you above, you will not find anything to contradict this in current case law.

-

I truly wish that I could tell you something differently here, but I cannot do that. In order to get rid of such a person you will have to give a 30 day notice to quit the premises and if they do not move by the end of the 30 days then you have to go to your local county district/civil court and file an unlawful detainer / eviction action against the person. Then, if they fail to move after the court has ordered them to move, the Sheriff's office can be called and the Sheriff will remove the person and their belongings from your property.

The 30 day notice to the tenant to quit is used in cases where no rent has been paid and no rent has been due for the time the person lived in the unit/apartment. In the absence of a written lease agreement setting forth the terms and conditions of when the tenant is to move in and out of the unit, the law presumes that the "rental" period is a month to month tenancy of thirty days each month and any landlord who lets out the unit or a portion of the unit without a lease has the legal right to provide a written notice to quit in thirty days time.

-

please let us know if you have any follow up questions. If not, can you please press a positive rating so I will be given credit for assisting you today. THANK YOU VERY MUCH

-

MARY

-

Ask Your Own Legal Question
Customer reply replied 2 years ago
Hi, thanks. Can you provide California case cites for what you describe, that is minimal bases under which a gratuitous guest is treated as a tenant based on time spent as a guest?
Lawyer: Legalease, Lawyer replied 2 years ago
Hello again -
-
In depth case research is beyond the scope of what we do here in the question and answer session. We can certainly perform such in depth research for you but there would be Additional Charges under the Additional Services program offered by Just Answer. However, here is a case that possession without any further agreements and without paying rent is still considered a tenancy at will in CA law and thus, the "tenant" is entitled to a thirty day notice and appropriate eviction proceedings. http://law.justia.com/cases/california/court-of-appeal/2d/133/supp790.html
-
In addition, here is the website address to the CA dept of consumer affairs Landlord and Tenant guide which has some discussion on this topic and notes quite clearly that even a hotel or motel owner must ask "guests" who stay longer than 30 days to sign out of the hotel/motel room after each 30 day period of staying in the hotel or motel room in order for the hotel/motel to maintain the relationship as a transient guest rather than a tenant. http://www.dca.ca.gov/publications/landlordbook/whois.shtml#footnote8
-
Again, if the "guest" has been occupying the room or unit for less than 30 days, you have grounds to contact the police and ask them to be removed as a trespasser. However, once you get beyond the thirty day period and the person has overstayed their "guest" transient status, even in the absence of an oral or written tenancy agreement and in the face of not paying any rent, you must use a formal written notice and eviction proceedings in order to get them out of the room or unit and your property. The longer the time period that the original guest has stayed after the initial thirty day period, the greater his or her claim to tenancy status is.
-
If you use the case and guide above as starting points, you can research the topic in a more indepth manner and what you will end up with is a few cases that when cobbled together actually represents the status of the law on this subject in CA. The same is true of all US states (my own next door neighbor just went through the same thing and the police refused to remove a person who had stayed 43 days at their house, forcing her into a formal eviction proceeding -- in fact, when the police left her house, she immediately stormed over and rang my doorbell and asked the same questions that you have asked above. She then gave a proper 30 day notice and it took about 60 days to get them out through court action from start to finish).
-
Again, I wish I could tell you something differently on this topic but these landlord and tenant laws have been developed over the past 100 years in most states and there is a definite slant in protecting any person who gets past the thirty day mark as a "tenant".
=
MARY
-
Please press a positive rating under this ANSWER box so I will be paid for my time assisting you today. Pressing a positive rating will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!
Ask Your Own Legal Question
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,385
16,385 Satisfied Customers
Experience: 15 years exp all aspects of general law

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a friend that has a marijuana possession charge she
I have a friend that has a marijuana possession charge she missed her court date yesterday we have to go to court tomorrow at 11 does she need to have an attorney there … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Need definition of realestate term: adverse possession.
need definition of realestate term: adverse possession … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I went too t/park this year and got caught in possession of
i went too t/park this year and got caught in possession of 2 grams of cocaine. it was taken from me and my name was took. i got a letter a few months after asking how i plead i said guilty and sent t… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,462 satisfied customers
I'm a Dad with a Texas court order for possession of my 2
I'm a Dad with a Texas court order for possession of my 2 kids who live in California with Mom. The order states that for Christmas 2017, I have the kids from Dec 28th until Jan 2. The order also incl… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Son had a fake id taken from his possession (not used to
son had a fake id taken from his possession (not used to enter bar or purchase alcohol). Received letter from UofI police, facing 1 year suspension of driver's license. Did not receive ticket at time … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was on deferred adjudication for possession of 2 oz of
I was on deferred adjudication for possession of 2 oz of marijuana, finished my probation, paid my fines and waiting the 30 day period for my case to be dismissed, I now got a ticket for driving witho… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,090 satisfied customers
If a chapter 11 debtor in possession misses their deadline
If a chapter 11 debtor in possession misses their deadline to submit a reorg plan....can a creditor committee submit their own proposed plan to the court? And does the debtor have any ability to block… read more
KJL LAW
KJL LAW
Juris Doctorate
1,620 satisfied customers
In the state of Oregon in a civil adverse possession case as
In the state of Oregon in a civil adverse possession case as plaintiff I paid for a trial by jury not by a judge was my rights violated … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
Is a demand for possession and eviction notice?? Missouri,
No nothing has been filed. Was received on 14th of last month to be out by October 2nd taped on the door. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Adverse Possession - We bought our home in October 2015 in
Adverse Possession - We bought our home in October 2015 in Bellevue, WA.Our neighbor is claiming adverse possession of a section of our lot now in 2017 (no previous title obtained by her or agreement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
In 1977 I was charged with marijuana possession with intent
Second opinion] In 1977 I was charged with marijuana possession with intent to distribute of 4oz. I was on probation for one year. Currently as of September of this year 2017, I was denied a gun purch… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
In 1977 I was charged with marijuana possession with intent
In 1977 I was charged with marijuana possession with intent to distribute. I was on probation for one year I was denied a gun purchase although state of MD approved my "Hand gun qualification" certifi… read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
Signed auto lease agreement but have not taken possession.
signed auto lease agreement but have not taken possession … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Is first offense possession of .2 of cocaine a felony in SC.
Is first offense possession of .2 of cocaine a felony in SC … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Daughter was indicted for possession of cocaine. Said it
Daughter was indicted for possession of cocaine. Said it weighed 8.8 grams for 255 dollars … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
I was charged back in 1992 with wrongful use and possession
I was charged back in 1992 with wrongful use and possession of a controlled substance (steroids) but was never court martialed and never received an art 15. All I got was a an official letter of repri… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In Utah property must be in the possession or under the
In Utah property must be in the possession or under the control of the debtor in order for a judgment creditor to obtain a writ of execution and execute on the property. If the property is real proper… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I did not sign a lease upon taking possession of a
I did not sign a lease upon taking possession of a commercial property I am now being asked to sign a lease that will go for a year from the date that I took possession. What advice can you give me on… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,623 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x