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

Q: I have a tenant in CA (with no lease) and 3 months in he then brought in an unauthorized occupant and dog. Trespassing?

He’s been occupying the room for less than a year so I gave him a notice to vacate by March 1st 2025 and states he is not leaving. My question is can I use “trespassing” on the unauthorized tenant. Some backstory, I gave him a notice to vacate the property by January 2025, due to the dog and new person, and damage to exterior walls.

I gave him an extension in return for additional rent to cover utilities from said unauthorized individual with a hard final vacate date by March 2025 (total 4 months that unauthorized person has been in the property). I have video of unauth person kicking another dog on home servallaince, their dog is not cared for eats my dogs food, the dog urinates in the living spaces, and these people argue loud, I need them gone. Can I get the unauth. person on trespassing? I will probably have to evict the legal tenant. Do I need to evict the unauthorized person too using the courts or can I use trespass and have the unauthorized person excused from the property?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You're dealing with a complex situation that requires careful handling under California law. The unauthorized occupant is not technically trespassing since they were invited by your tenant, making them a subtenant - even without your permission.

For the unauthorized occupant, you'll need to include them in any eviction proceedings along with the original tenant. While it might seem logical to treat them as a trespasser, courts generally view anyone living in the property with the tenant's permission as part of the household, requiring proper eviction procedures rather than simple removal for trespassing.

Your best course of action is to proceed with an eviction (unlawful detainer) against both the original tenant and the unauthorized occupant. Document all lease violations, including the unauthorized pet, property damage, and noise disturbances. Since you've already provided notice to vacate and they've refused to leave, you should file the eviction lawsuit promptly - this will legally remove both individuals from your property. Consider reaching out to local tenant-landlord mediation services or seeking legal guidance to ensure you're following all required steps in the eviction process.

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