With the growing population and rising cost of living, non-expensive housing is scarcer than ever before. The current housing shortage especially impacts individuals looking for their first, affordable abodes.
Due to this crisis, it is not uncommon for individuals to reside with others temporarily to save money for purchasing a house or figure their situation out. However, before you agree to let that friend or family member stay with you “just for a little while,” there is a piece of California policy you need to be aware of.
A guest becomes a tenant after a period
That is right. If your visitor remains in your home for more than two consecutive weeks within six months, may fall under the umbrella of tenancy, even if he or she is not on the lease and not paying rent. Therefore, this unwanted housemate may have rights, meaning the law does not allow you to simply throw him or her out and change the locks.
A notice may be necessary
If your now unwelcome guest never paid rent and refuses to leave when you ask, issuing a 30-day notice to vacate the premises is the proper way to throw him or her out. If the person ignores this, the next step is to file an unlawful detainer/eviction action against him or her. If the individual did pay you any money that might count as rent, even once, and is a resident of your home of over a year, you may have to serve a 60-day notice instead.
Dealing with an unwanted guest who may have tenant rights may become complex because special rules may apply depending on the circumstances, but you do have recourse to kick them out legally.
