We allowed someone to stay in guest quarters on our property to help her get on her feet. She signed an agreement that she would leave on July 31st. We gave her two months to get herself together. It is now October and she is still here. My husband caught her breaking into a locked building on our property. He has not called the sheriff yet, but we did give her a 3-day notice to vacate. Does she have any rights to stay?

On what grounds did he give a 3 day notice? A 3 day notice is usually for non payment of rent and/or a breach of a lease. If a rental or lease is involved then they are not a guest.

If they have been there for more than 4 months it also unlikely they would be considered a guest. So the likelihood is they need to be given a 30 day notice to vacate which would then be followed up with going to court for an eviction order if they don't vacate.

In California, under some circumstances, a guest is considered a "lodger" and can be made to leave without the necessity of a court order. I don't know that the length of time the person has been there matters.

I considered this might be considered a lodger, but the fact that she occupies guest quarters and not a room inside the main house will work against her being considered a lodger.

I considered this might be considered a lodger, but the fact that she occupies guest quarters and not a room inside the main house will work against her being considered a lodger.

It seems to be a reasonable interpretation.


[California Civil Code] "1946.5 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1). (a) The hiring of a room by a lodger on a periodic basis
within a dwelling unit occupied by the owner may be terminated by
either party giving written notice to the other of his or her
intention to terminate the hiring, at least as long before the
expiration of the term of the hiring as specified in Section 1946.
The notice shall be given in a manner prescribed in Section 1162 of
the Code of Civil Procedure or by certified or registered mail,
restricted delivery, to the other party, with a return receipt
requested.
(b) Upon expiration of the notice period provided in the notice of
termination given pursuant to subdivision (a), any right of the
lodger to remain in the dwelling unit or any part thereof is
terminated by operation of law. The lodger's removal from the
premises may thereafter be effected pursuant to the provisions ofSection 602.3 of the Penal Code or other applicable provisions of
law.
(c) As used in this section, "lodger" means a person contracting
with the owner of a dwelling unit for a room or room and board within
the dwelling unit personally occupied by the owner, where the owner
retains a right of access to all areas of the dwelling unit occupied
by the lodger and has overall control of the dwelling unit.
(d) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides."