Can a guest be evicted?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can a guest be evicted?

I live with with my fiancee and his 80 year old mother, along with or 1 1/2 year old. Can his mom give me an eviction notice if she doesnt like me? I never signed a paper for rental agreement.

Asked on May 28, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, guests may be made to leave. (It's not technically "eviction," since an eviction is what you do to a tenant--it has the same effect, though.) A guest has no right to reside somewhere or have possession of property; the guest remains only so long as the person who does have possessory rights--the homeowner, or the actual tenant, if it's a rental--allows them, and that permission may be revoked at any time, for any reason. So if the mother is the owner or renter, she can ask you to leave--unless, that is, your finance (her son) is also an owner or renter, since if he is, he can give you permission to stay.

However, if your fiance is not an owner or renter, you may be asked to leave at any time. If you do not, you technically become a trepasser, and potentially the police could be asked to remove you; if the police refuse to (which they sometimes do, if the guest claims some right to remain; in those case, the police may want the court to determine who is right and wrong), then the mother would bring a court action (like an eviction action) for a court order directing constables or sheriff's deputies to remove you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption