How do I evict an unwanted house guest?

Hi,

My wife and I are tenants in a house near San Francisco. Mid June this year, we agreed to let her 25 year-old son - who had just been evicted from his apartment in L.A. - to stay with us for a few weeks in the family room, so he could find a job and get serious about his life. Now it's been over four months, and he's still here, being what he's always been: a parasite; even abusing his younger brother and trying to bully everybody around. How do we kick him out, knowing that he's not paying any rent and has never been asked to?

Thank you very much for your help.

Have you asked him to leave? Honestly with no lease or no rent his rights are very limited

Can you just throw him out? Legally probably not BUT i doubt a judge is going to be very sympathetic to him since he is a bum.

Tell him he has until a certain date to move out, and that the locks are being changed then. Offer to help him pack up his things.

so I take it this is your wife's son? Obviously she needs to relay to him he is no longer welcome there as well, unless she is the one giving him permission to stay.

Tell him he needs to be out by a certain date and that is that.

nocturaline said:

Hi,

My wife and I are tenants in a house near San Francisco. Mid June this year, we agreed to let her 25 year-old son - who had just been evicted from his apartment in L.A. - to stay with us for a few weeks in the family room, so he could find a job and get serious about his life. Now it's been over four months, and he's still here, being what he's always been: a parasite; even abusing his younger brother and trying to bully everybody around. How do we kick him out, knowing that he's not paying any rent and has never been asked to?

Thank you very much for your help.

Click to expand...

There may be some local laws and I remember a squatters law in CA that required at least 30 days notice. You may want to send him written notice to vacate within 30 days or be evicted. Perhaps that will be enough to move the lazy kid and get him out of the house.
Here is the law I found on "lodgers" (although some notice to leave and changing the locks might be sufficient but don't blame me if that results in a problem!)

A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.8 Most lodgers have the same rights as tenants.9

Where there is a single lodger in a home with no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. Notice time must be equivalent to the number of days between rent payments (e.g., 30 days). When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.

Civil Code Section 1946.5, Penal Code Section 602.3.