Can a guest be evicted?
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Can a guest be evicted?
I live with with my fiancee and his 80 year old mother, along with or 1 1/2 year old. Can his mom give me an eviction notice if she doesnt like me? I never signed a paper for rental agreement.
Asked on May 28, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, guests may be made to leave. (It's not technically "eviction," since an eviction is what you do to a tenant--it has the same effect, though.) A guest has no right to reside somewhere or have possession of property; the guest remains only so long as the person who does have possessory rights--the homeowner, or the actual tenant, if it's a rental--allows them, and that permission may be revoked at any time, for any reason. So if the mother is the owner or renter, she can ask you to leave--unless, that is, your finance (her son) is also an owner or renter, since if he is, he can give you permission to stay.
However, if your fiance is not an owner or renter, you may be asked to leave at any time. If you do not, you technically become a trepasser, and potentially the police could be asked to remove you; if the police refuse to (which they sometimes do, if the guest claims some right to remain; in those case, the police may want the court to determine who is right and wrong), then the mother would bring a court action (like an eviction action) for a court order directing constables or sheriff's deputies to remove you.
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