Ask Me Help Desk - Evicting a guest in California

Hello, my brother who was disabled lived in a home I own in California. There was one gentleman who we allowed to I've in the home rent free for just being available in late evenings when caregivers were not there. I was at the home two to three days a week. The guest paid no rent, no utilities and we provided all household incidentals. Once my brother passed away, obviously we were under stress and told the guest he could remain in the home until we decided what to do. After 45 days I decided to return to live in my home ( I was born there) and told the guest I would be living there and he needed to be out in 30 days. We are getting close and he is making no effort to look for another place. I am still there two days a week getting things ready for move in. We have no written contract, his being there was predicated on my brother who is passed. He has no credit history, checking account, etc. so getting a new place where they ask questions appears out of the question. His income comes from sort of social services, which I have never asked about. Items of value have been disappearing from the home as there were sets of keys for many caregivers in the past. Can I set a date for hom to be out so I can live in my home? He has no furniture, it is all my original furnishings. I need to change the house locks to protect the property and myself when I move in. Can I use the lodger eviction, since there was no rent (CA Civil Code Section 1946.5)? Also if we feel our personal safety is in question due to a trespasser what do we do? Ask many friends have pointed out... no good deed will go unpunished. I offered a helping hand, only showed kindness, and now may get bite. Any help is appreciated.

Quote:

Originally Posted by Calforniahomeowner

There was one gentleman who we allowed to ive in the home rent free for just being available in late evenings when caregivers were not there.

Hello homeowner:

You SAY it was free, but in the same sentence, you tell us he had obligations... Therefore, it's NOT free.

Consequently, he's a tenant, and you'll have to evict him according to your states landlord tenant law. We have a copy right here at the top of the page on a "sticky note".

He could, of course, leave as soon as you present him with your fist notice.

excon

Quote:

Originally Posted by excon

He could, of course, leave as soon as you present him with your fist notice.

Hmm was that a freudian slip? :)

But excon is right, he got lodgings in return for watching over your brother. Not sure what the lodger statute says, but he might come under that. But you have to go through the eviction process.

Thank you so much for your answers. I guess a clarification is in order on my part. Although there was an oral agreement between my brother (non-owner) and the gentleman for free rent in return for being there, under contract law a contract ends at the death of one of the parties. So now as the owner of the home I have no contract. Oral or written with this person, and he has provided no services and has no obligations whatsoever to me. Excon mentioned an eviction process on a sticky note, being new I'm not sure how to see it. Thank you again for your help and continued input is more than welcomed.

First of all, change the locks since so many caregivers had keys to the house. Then serve him with an eviction notice - 30 days is usually the standard. Since he is eligible for social services they should be able to help him find a new place to live.

Quote:

Originally Posted by Calforniahomeowner

Hello, my brother who was disabled lived in a home I own in California. There was one gentleman who we allowed to ive in the home rent free

Hello again, owner:

Good points. You may be right. But if you put him out, and he sues you for false eviction, and the court determines that he IS/WAS a tenant, you'll LOSE.

I don't think you're right however, for the following reasons: You used the term "we" above. I presumed you meant YOU and your brother. Therefore, YOU as the homeowner, along with your brother entered into a lease/rental agreement with the gentleman. And you are very much alive

Secondarily, if you didn't mean YOU, and only your brother entered into the agreement with him, I don't know that your brother had the authority to make an agreement about YOUR house. He may have, or not. I don't know what your arrangements were with your brother.

Additionally, I don't know that the rental/lease agreement DOES'T enure to your brothers estate. If it does, and I think it would, the lease IS still in effect.

Or not. I really don't know how a court would decide these matters. However, given the facts as you've outlined them, I think he's a tenant, and I think you need to evict him.

Look, he's not my buddy and I don't care about him. YOU'RE my customer. I want to protect YOU. YES, you could put him out and he may never make a peep. But, he might yell louder than hell, and could conceivably cost you a bundle.

Therefore, my advice tends to be on the conservative end. Better to be safe, than sorry. I still think you need to put him out LEGALLY. It's only going to take a month or so and it ISN'T difficult.

You can find the law at the top of the real estate page. Go to the top of THIS page and click on real estate, then look at the top of THAT page and you'll see it.

Finally, if after the above, you still want to put him out, and he calls the cops, I think THEY'LL make you let him back in. THEY don't want to be involved in YOUR false eviction suit. If they even get inkling that he's a tenant, and I'm sure he'll tell them about his arrangement, they will declare him a tenant, and tell you to handle it civilly.

excon

You can't just change the locks to lock him out, he can definitely sue you if you do.

You need to understand two points here. Yes, I agree that his arrangement to stay there ended with your brother's death. Therefore you are well within your rights to tell him to vacate. He has no right to be there. But you can't just throw him out on the street or lock him out. He HAS lived there, with your knowledge and acceptance for several years. This has allowed him to establish residency. This prevents you from physically removing him without a court order to do so.

You have told him to vacate and given him a deadline to do so. That is your right. If he does not move by that deadline, then you need to force him out and that requires court action.