What are the laws for evicting a “guest”?

UPDATED: Aug 11, 2011

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What are the laws for evicting a “guest”?

We have been supporting my 22 year old son, his girlfriend and their baby for 2 years. Yesterday the girlfriend’s verbal abuse turned physical with me. I am a 54 year old disabled person. She even spit in my face. I told them I wanted them out and she had the nerve to tell me I have to give them 30 days. Do I?

Asked on August 11, 2011 California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since you are supporting your son, his girlfriend, and their baby, I assume they are not paying rent and there isn't any lease and consequently no landlord/tenant relationship exists.  If that is the case, you can throw them out at anytime.

If there had been a lease, the girlfriend could be evicted with a three day notice for her behavior towards you.  A tenant can be evicted with a three day notice to quit for an act that is injurious to health or is indecent or offensive to the senses or that obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property.  This is the applicable provision in your situation of a legal definition of nuisance if there had been a landlord/tenant relationship.  Since your son is permitting a nuisance (the girlfriend's behavior towards you), your son if he were a tenant could also be evicted with the three day notice.  Again, if there isn't any landlord/tenant relationship, the "guests" can be evicted at anytime.

You could also sue the girlfriend for assault and battery for the spitting incident.  Assault is placing one in reasonable apprehension of an immediate battery.  Assault does not require any physical contact.  Battery is the harmful or offensive touching of the person of another without consent or legal privilege. 

Assault and battery are both civil (lawsuit) matters and also criminal charges that could be filed against the girlfriend.

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.

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