Non Eviction Removal from Home

[joeblo]

I rescued an acquaintance from homelessness after a foreclosure by giving him shelter in my home. He is charged no rent, but would contribute some, when possible, for his upkeep in the home. Recently, he made a statement, although in reference to another person's situation that has caused me to wonder!

And that was -

"Once a person is in a house, established a mailing address there, it requires a court eviction order to remove them from the premises".

Is there any truth to this?
BTW, this is in California

"Non Eviction Removal from Home"

 

[jharris352]

It is true once someone passes from guest to resident they have to be evicted. I would put him out the front door.

 

[jacksgal]

Browse the link below it should contain your answers

http://www.dca.ca.gov/publications/landlordbook/index.shtml

Your first action should be a "notice to vacate" what happens after that depends on whether he leaves or not

 

[joeblo]

It is true once someone passes from guest to resident they have to be evicted. I would put him out the front door.

Well when does a guest pass from "guest to resident" ?

Well, I have no desire to expel him, given the economy things are just inhuman for survival, he is job hunting constantly but little is coming up except low paying intermittent part time gigs.

But the statement did cause some concerns

Now, in a hypothetical case, if the scenario described of a guest transitioning from a guest to resident is created and a hostile environment were to ensue, such that I may have to obtain a restraining order, what happens. Typically these require parties to maintain a measured distance from each other, usually more than the dimensions of the normal house. In such a case who would have to move "me or him" ?

I should have mentioned earlier this is a home owned by me.

I raise these questions simply to understand what kind of risks and exposures I could be creating for myself in being a "GOOD SAMARITAN". (This may seem far fetched, but I have heard of persons being sued for malpractice as a result of rescuing others from life and death situations)

 

[jharris352]

Yes and I have lost control of a house I owned to a person who lived there without paying rent. I don't know when a guest transitions to a resident where you are but I wouldn't allow it to happen. As for a Restraining order, the first one to obtain one is the one to prevail if you both live there. EVEN if you own the property. Good luck.

 

[CdwJava]

It can be pretty simple.

Has he provided you anything in exchange for room and board? If not, then he is a "gratuitous guest" and can simply be asked to leave. His failure to leave could constitute the crime of trespassing.

If, however, he has agreed to provide some compensation for room and board, he could be considered a "lodger" in your home (assuming he is the only such guest) and you would have to follow the guidelines set out in Jacksgal's link.

- Carl