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.