[Carol Westlake]

My father told a person that she could stay at his house for a while and now she claims to be a tenant and is refuseing to move out . She has never paid rent or utilities and has never done any work in exchannge for rent or . The only agreement my father made was that she could stay there for a while . This is in the state of California.

[ScottGem]

How long has she ben there? Does she receive mail there? It takes very little for a guest to become a tenant, especially in CA. She can refuse to leave, but your dad can give her 30 days notice to vacate and if she doesn't, then he can get an eviction order. Or, better yet, she may be considered a lodger under CA law which means she can be removed without a court order. California Tenants - California Department of Consumer Affairs

[Carol Westlake]

I'm not sure as to how long that she has been there , probably over a year . Yes she receives mail there. All of my dads belongings are at that address "furnature, clothes,linens, dishes,antiques, etc." His drivers license, car registration and mail all come to that address .

[smoothy]

If she's been there more than a few months... she's clearly a tenant. the grey area is from more than a week to a couple months on exactly when exactly one becomes the other. Past a few months...there is little question about it.

[ScottGem]

She definitely has to be given at least lodger status. But it might be tenant status if she doesn't qualify as a lodger under the criteria listed at the site I linked to.

[joypulv]

In CA, not clearly a tenant. I think she's a lodger, and can be told to leave under that definition. She shares his spaces, mainly - regardless of how long she's been there. It's been while since I studied it, however.

[ScottGem]

The difference between a lodger and a tenant is that a court order isn't necessary to physically evict. But proper notice still needs to be followed. I don't think we know enough about the situation to be sure she's a lodger.