Q: I live in California.. I have a tenant at will.. she made a house key copy without permission is that trespassing??

A: Based on the information you provided, it seems that the tenant is not trespassing under California law. Here's why:

1. You allowed her to stay at your house while she looks for her own place, which suggests that she has your permission to be there.

2. Even though she made a copy of the house key without your permission, she still has your initial consent to reside in the house.

However, there are some steps you can take to address the situation:

1. Establish a formal agreement: Create a written agreement outlining the terms and conditions of her stay, including any rules about making copies of keys and expectations for communication about her whereabouts.

2. Revoke consent: If you want to revoke her permission to stay in your house, you should provide her with a written notice to vacate. In California, for a tenant at will without a lease, you must provide a 30-day notice to vacate if they have lived there for less than one year, or a 60-day notice if they have lived there for more than one year.

It's essential to communicate clearly with the tenant about your expectations and concerns. Also, know that, in California, it is illegal for a landlord to change the locks on a tenant's rental unit without going through the proper legal procedures, even if the tenant is at will or doesn't have a formal lease agreement. This action is considered a "self-help" eviction and is prohibited.

If you want the tenant to leave, you must follow the legal eviction process:

1. Serve a written notice to vacate: Provide the tenant with a written notice to vacate, allowing 30 days (if the tenant has lived there for less than one year) or 60 days (if the tenant has lived there for more than one year).

2. File an eviction lawsuit: If the tenant does not vacate by the end of the notice period, you can file an unlawful detainer lawsuit to evict the tenant through the court system.

3. Obtain a court order: If you win the lawsuit, the court will issue a judgment in your favor and a writ of possession, which allows local law enforcement to remove the tenant from the property.

It is important to note that you cannot take matters into your own hands by changing the locks, removing the tenant's belongings, or shutting off utilities. Doing so could expose you to legal liability and damages.

If you are unsure about how to proceed, consider consulting with a local landlord-tenant attorney who can advise you on the proper steps to take in accordance with California law.

A: It is not trespass because she did not technically give you a notice in writing that she is vacating, and she did not enter by force. I am assuming that at some point she had a key. Does she still have personal items at the house.? If at one time she had a key, still has some items there, and she did not officially vacate or tell you she is vacating, you would have to serve her a 30 day notice to vacate because she would be considered a tenant at will. You can also possibly give her a notice of abandonment. You can contact our office for consultation or any other law firm to assist you because there may some additional information needed to know which route to take precisely in getting her out permanently.