So the situation is rather complex as the civil code does not specifically address unauthorized guests. Based on contractual interpretation, if the lease states that a guest can remain only with permission, and the permission is granted, and the guest remains for longer than 30 days, then the person can make the argument that they are a subtenant; however, if the lease specifically states the LL must approve a subtenancy and the tenant failed to do so, the LL can evict the tenant based on violation of the lease provision. The "guest" if a guest for longer than 30 days, can contend there is a tenancy at will, and can remain (unless the landlord provides a 30 day eviction notice- 30 days for this party because they are not subject to the terms of the lease since they did not sign it). However, the LL may then proceed for damages against the tenant, since presumably the tenant authorized the person to remain.
The tenancy at will doctrine is not statutory but rather was created by case law (for example, Covina Manor, Inc. v. Hatch (1955) 133 CA2d Supp. 790, 793.)
Furthermore, in Andrews v. Mobile Aire Estate (2005) 125 CA4th 578, the court found that both LL and tenant have an implied duty of good faith and fair dealing (a covenant) and so if the tenant acts contrary to the lease, that can be a violation of that implied covenant.
CCP 1161 allows for a 3 day notice if there is a violation of the lease.
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