Check out some similar questions!

breezie1180 · Dec 8, 2009, 02:54 PM

My mother allowed my husbands mother to live in her house until she could find a place of her own. She has never paid rent and has also brought her daughter and her daughters 3 children to live in 1 bedroom of the house. Since they have moved in my mother has had mice in her house. They smoke in the room they occupy my son who has asthma lives in this house as well so I consider it a danger to his health. They bring people over to the house whom we do not know or trust. The children have broken and damaged many things in the home. What options does my mother have to make them leave? This is in California.

ohsohappy · Dec 8, 2009, 02:58 PM

If there's no contract, or payment, I believe that she can make them leave at any time. She has no obligation to keep them there if they are invited guests in her home.
I do suggest that maybe she helps them find their own place though, just to kind of mitigate the situation, but it's her home, and if she has no legal duty to keep them there, then there is no reason for her to.
This isn't legal advice, I just think that's probably right, if it's not someone please correct me. Scott? Where are you buddy?

ballengerb1 · Dec 8, 2009, 04:58 PM

Sorry ohsohappy but that is not correct, this mother-in-law is now a tenant. Even though she pays no rent she qualifies as a tenant and must be evicted just like a paying renter. California Tenants - California Department of Consumer Affairs

ohsohappy · Dec 8, 2009, 05:18 PM

Originally Posted by ballengerb1

Sorry ohsohappy but that is not correct, this mother-in-law is now a tenant. Even though she pays no rent she qualifies as a tenant and must be evicted just like a paying renter. California Tenants - California Department of Consumer Affairs

Hmm, it must be different depending on the state. Thanks for the correction.

Fr_Chuck · Dec 8, 2009, 05:25 PM

Sorry ohsohappy, while slightly different, once they "MOVE" in they are tennants even if not paying rent in any state in the US, and have to be evicted officially. ** if they won't just move when told to move.

Many people illegaly kick people out but open thierself up for law suits by doing so.

If she would have ordered all the other people out the day they got there, then they were not tennants yet. States view differnetly at how long they have to be there,

ballengerb1 · Dec 8, 2009, 05:37 PM

Yep, that aspect is pretty universal, once you reside you are a tenant even if you do not pay toewards the rent.

ohsohappy · Dec 8, 2009, 06:15 PM

Originally Posted by Fr_Chuck

Sorry ohsohappy, while slightly different, once they "MOVE" in they are tennants even if not paying rent in any state in the US, and have to be evicted officially. ** if they wont' just move when told to move.

Many people illegaly kick people out but open thierself up for law suits by doing so.

If she would have ordered all the other people out the day they got there, then they were not tennants yet. States view differnetly at how long they have to be there,

That's why I said It wasn't legal advice and that if it was wron, someone please correct me.

Fr_Chuck · Dec 8, 2009, 07:06 PM

Originally Posted by ohsohappy

That's why I said It wasn't legal advice and that if it was wron, someone please correct me.

But that is the problem, this is a legal board and we pride ourselves, we are not like some of the other boards where there are silly answers that win "best answer" we expect legal answers to be LEGAL answers

ohsohappy · Dec 8, 2009, 07:24 PM

Originally Posted by Fr_Chuck

But that is the problem, this is a legal board and we pride ourselves, we are not like some of the other boards where there are silly answers that win "best answer" we expect legal answers to be LEGAL answers

Good point, I'll remember that.

JudyKayTee · Dec 8, 2009, 07:26 PM

Originally Posted by ohsohappy

Hmm, it must be different depending on the state. Thanks for the correction.

Do you know which State or States don't require a person living at a residence, family member or not, to be evicted?

This comes up fairly often and rather than check State by State if you know the info would be helpful.

ballengerb1 · Dec 8, 2009, 08:28 PM

ohsohappy, please do not feel picked on but Chuck is right, we try to stick to fact of law. I am no lawyer but have had many legal situations in my business and my professional career. Whne I see a question where I know the answer, for a fact, I jump in. When I don't know for a fact I will ask a question just so I start getting instant notifications of future post, that way maybe I can learn something from the other smart folks at AMHD.

breezie1180 · Dec 15, 2009, 03:37 PM

Still would like to know what she would need to do... does she serve a 60 day notice does it need to be notorized. If they don't leave does she do a unlawful detainer or is that only for people who have paid rent?

JudyKayTee · Dec 15, 2009, 03:40 PM

Ballanger posted the info above - California Tenants - California Department of Consumer Affairs.

Did you read it?

ScottGem · Dec 15, 2009, 04:12 PM

Without a lease they are considered a month to month tenant. CA law states that a 30 day notice is required to terminate tenancy.

So she needs to give them written notice to vacate within 30 days. If they don't vacate, then she goes to court for an eviction order.