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In Huntington Beach CA, how many days in a months time must…

In Huntington Beach CA...

In Huntington Beach CA, how many days in a months time must a visitor stay as a guest before they are considered 'living' there?

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 43 minutes by:
1/17/2018
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,568
Experience: attorney at self
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Thank you for your question.

I need to ask if the visitor has ever paid rent, and if there are any other prople living in the unit.

Do you own the property? If not, do you have a written lease? If you have a lease, does it mention guests?

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Customer reply replied 1 month ago
no...he's my son. no, just me. my name is ***** ***** lease, and no others live here in my apt. no, I rent an apt. yes, I have a month to month lease. no, just that only those that are on the lease can live in the apt. my son has been visiting, and after about 60 days or so management mentioned that he was staying past visitation guidelines and couldn't live here unless he was on the lease. unfortunately, me son can't be on the lease due to some difficulties in the past. so, I've been putting him up in motels about 60% of the time, and he's with me during the day...he's mentally challenged somewhat.
Customer reply replied 1 month ago
ok...continue please.
Customer reply replied 1 month ago
the phone number above is incorrect. its(###) ###-#### are you continuing?

Huntington Beach has no rent control law and California has no law stating when a guest becomes a tenant. If a guest never pays rent, they never gain the status of a tenant, so this issue is possibly going to depend on the terms of the written lease and any posted policies of the landlord. But I need to ask if your son is an adult or a minor.

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Customer reply replied 1 month ago
adult. 26 years old. male.
Customer reply replied 1 month ago
what about Orange County...any rules, regulations, or anything that regulates apt. living?
Customer reply replied 1 month ago
should they try to evict me for breaking a rule on how long a visitor can stay, I use the receipts from where he stays most of the time, and the fact that there are no laws regulating when a visitor becomes a tenet? I've keeping a log of where he stays, the expense, and when he stays there, and most of the time I stay with him. The original plan when he came to Cali was to be staying in a sobriety house, but he can't do that due to his challenged condition. I must care for him daily, and its a real job with work and all.
Customer reply replied 1 month ago
can I call you tomorrow about this. its late and there's a lot more to it that we're not going to be able to cover like this...would that work for you?

Orange COunty also has no rent control law.

But DFEH says:

"Generally, a housing provider such as a landlord cannot refuse to rent to an applicant because there are children in the family. The requirements for rental and the terms and conditions must be the same for families with children as for any other applicant or tenant. The one exception to this rule involves housing that has been specifically designed for senior citizens (persons 55 and older in some cases or 62 and older in others). To qualify as “senior housing,” a housing accommodation must meet specific legally defined requirements, which may include a minimum number of units, age-based residency limits and design features."

I suggest that you start by contacting DFEH, their contact information is posted at

https://www.dfeh.ca.gov/Contact-Us/

I hope this information is helpful.

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I do not make phone calls but another Expert will phone you.

N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,568
Experience: attorney at self
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N Cal Atty and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
I'm not in a senior living venue...its by the beach, and has much younger tenants than me living here, although, there are some others that are on SS and living here...my age I believe...you helped with stating that there's no law stating how long a visitor can stay...etc. Thank you. What are the statutes for what you related to me so I can review, please.
Customer reply replied 1 month ago
do you know his name...the one that will call me? or his number so I can call him?

The statute is the California Fair Employment and Housing Act, linked from here.

Part of it says:

GOVERNMENT CODE - GOV

TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980]

( Title 2 enacted by Stats. 1943, Ch. 134. )

DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15986]

( Division 3 added by Stats. 1945, Ch. 111. )

PART 2.8. DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING [12900 - 12996]

( Part 2.8 added by Stats. 1980, Ch. 992. )

CHAPTER 6. Discrimination Prohibited [12940 - 12957]

( Chapter 6 added by Stats. 1980, Ch. 992. )

ARTICLE 2. Housing Discrimination [12955 - 12957]

( Article 2 added by Stats. 1980, Ch. 992. )

12955.

"It shall be unlawful:

(a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of that person. ///"

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I do not know which Expert will phone you, and from my side of the website, I cannot tell if anyone called you already. I actually cannot tell if you still want someone to call, or if you are already satisfied.

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N Cal Atty
N Cal Atty
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