What to do if unwanted guest doesn’t want to leave your property nor pay rent?!

UPDATED: Sep 30, 2022

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What to do if unwanted guest doesn’t want to leave your property nor pay rent?!

I had a temp guest with whom we agreed verbally that he can stay in my place on
weekly basis and pay certain amount of money but in case if he wants to move out he
has to let me know at least 3 days in advanced. Right now he refuses to pay for time
that he is staying in my place and refuses to leave and tries to claim himself as a
‘tenant’ since he lived here for more than 30 days. What should I do ? I never signed
any lease with him, didn’t take a deposit, he refused to show his ID and at the end
broke our verbal agreement and starts to demand from me to live there for free for as
much as he needs.

Asked on December 26, 2016 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Actually, since this person was to pay rent, even if he has not done so, in the eyes of the law he is in fact a tenant. Accordingly, you will need to go through the steps of a formal eviction (known as an "unlawful detainer"), if he will not voluntarily leave your premises. The first step in this is to provide him with a notice to vacate (i.e. notice to quit). Just be sure to follow all legal procedures, as if you fail to do so you could find yourself of the receiving end of a lawsuit for unlawful eviction. Here are 2 links to sites that can explain guide you further: 
http://www.dca.ca.gov/publications/landlordbook/evictions.shtml  http://www.courts.ca.gov/27701.htm

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