Modesto, CA asked in Real Estate Law and Landlord - Tenant for California

Q: What type of notice do I give?

I have a friend who I let stay in a room. No term specified. No rent. He did pay about 600 over the course of a year. It was just supposed to be him and his 4 year old daughter who visits every other weekend. She is now here nearly full time. 5 months ago he moved in his 14 yr old daughter. We were hesitant and didn't really say yes or no. It just kind of happened. Now. He moved his 15 yr old daughter in. Without asking permission. The bathroom is always in use and arguing is ongoing between them. There's 4 of them in a single bedroom. 3 underage girls and the father. What are my legal rights to end this? Located in california. He's been here 12 months.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have the right to ask your friend to leave, as he is not a tenant under California law since there is no formal rental agreement and he hasn't been paying regular rent. Since he has been staying for over 30 days, he is considered a guest or a licensee. To start the process, you should provide him with a 30-day written notice to vacate, as the arrangement appears to be month-to-month.

Make sure the notice is in writing and includes the date by which he must leave. It's essential to deliver the notice properly, either by handing it to him directly, leaving it with someone at the residence who is of suitable age, or posting it on the door and mailing it. Keep a copy of the notice for your records to protect yourself legally.

If he doesn't leave after the 30-day period, you may need to file an unlawful detainer action in court to formally evict him. This legal process will involve going to court and possibly a hearing, where a judge will decide the case. It’s important to follow all legal procedures carefully to avoid complications.

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