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I have had a homeless person living in a bedroom in my home…

Customer Question
I have had a...

I have had a homeless person living in a bedroom in my home since Oct 2017, with about 3 weeks not at my home. What is my liability regarding residency law? I have told her that tonight, 3/15 will be her last night in my home. She has a lot of possessions in the room and in my refrigerator and garage. Can you write the answer for me?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California. She is 74, and I am a 78 yr. old widow.

Lawyer's Assistant: What steps have you taken so far?

Just telling her and telling her that I want all her property off of my property, and my family, 2 boys and a daughter are living in my vicinity and know about this.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have been in touch with her 2 sons, also living close, who do not want to do anything for her.

Submitted: 4 months ago.Category: Legal
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Answered in 4 minutes by:
3/14/2018
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,555
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Legally you are the person's landlord and she is your tenant. So you have to terminate her tenancy with a 30 day written notice to vacate and then you would have to evict her through the courts if she won't leave..

.

If you just throw her out, she would have legal grounds to sue you for an unlawful eviction... Would she?...no way of knowing.. but she could..

.

.

thanks

Barrister

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Customer reply replied 4 months ago
Why am I legally her landlord when she did not pay rent and we had no contract?
Customer reply replied 4 months ago
No, do not call. I do not want to pay $59.00 Please type the answer to the above ?.
Lawyer: Barrister, Attorney replied 4 months ago

Why am I legally her landlord when she did not pay rent and we had no contract?

.

Because you let her stay in your home longer than just a few days... so she turns from a guest into a tenant.. there is no requirement for someone to pay rent to be a tenant.. and oral tenancy agreements are completely legally binding.

.

I mean.. do what you want.. but I can only tell you what your legal position is and what your potential liability is..

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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Barrister, Attorney
Category: Legal
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