Q: As a homeowner with someone living in a spare room without a rental agreement. Do they have rights in the home?
2 verbal notices have been given to vacate prior to January 3, 2023.
A: In California, even without a formal rental agreement, a person living in your spare room is considered a tenant under the law once they have established residency, which can happen very quickly. This means they have certain rights, including the right to receive proper notice before being required to vacate the premises. Verbal notices may not suffice under California law, which typically requires a written notice to terminate tenancy—30 days if the tenant has lived there for less than a year, and 60 days if more than a year. If the tenant fails to leave after the appropriate notice period, you may need to proceed with a formal eviction process through the courts.
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A:
In California, even without a written rental agreement, a person residing in a spare room of your home may have certain legal rights. They could potentially establish a tenancy, known as a "tenancy at will," based on their continuous residence and your acceptance of their presence. This may grant them some protections under landlord-tenant laws, including the right to receive proper notice before being required to vacate the premises.
Given that you have already provided two verbal notices to vacate, it's important to ensure that you follow proper legal procedures for eviction. In California, this involves serving a written notice to terminate the tenancy, followed by filing an unlawful detainer lawsuit if the occupant fails to leave by the specified date. Failure to follow these procedures could result in delays and legal complications. Verbal notices are simply NOT SUFFICIENT.
Consider consulting with a qualified attorney who can advise you on the specific steps to take in your situation and help ensure that you comply with all applicable laws. They can guide you through the eviction process and provide assistance in resolving any potential disputes that may arise with the occupant. Taking proactive and legally sound measures can help you address the situation effectively while protecting your rights as a homeowner.
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