Manteca Eviction

[jh2586]

They were able to find someone with a truck to move their stuff to a local storage unit. Their friend paid for a month's worth of storage. They are staying at our place and everything is good. They are leaving on Wednesday to move in with her Aunt in Hayward. I agreed to help them move some of the smaller things from their storage to her Aunt's house. The bigger stuff they will find someone with a truck since they have a month to do so.

So far so good....

 

[corndog67]

They were able to find someone with a truck to move their stuff to a local storage unit. Their friend paid for a month's worth of storage. They are staying at our place and everything is good. They are leaving on Wednesday to move in with her Aunt in Hayward. I agreed to help them move some of the smaller things from their storage to her Aunt's house. The bigger stuff they will find someone with a truck since they have a month to do so.

So far so good....

Chances are, in a month, nothing will happen.

 

[bojangle]

They were able to find someone with a truck to move their stuff to a local storage unit. Their friend paid for a month's worth of storage. They are staying at our place and everything is good. They are leaving on Wednesday to move in with her Aunt in Hayward. I agreed to help them move some of the smaller things from their storage to her Aunt's house. The bigger stuff they will find someone with a truck since they have a month to do so.

So far so good....

...until something comes up with the aunt, and I promise we just need one more week. And a week turns into a month. And pretty soon their other friend on barf starts writing about how jh2586 is kicking them out and threatening to throw their stuff out on the sidewalk, and is that legal? I hope everything works out. You'll have to keep us updated.

 

[storm]

I can look more into it, but written leases are required for tenancies up to 1 year. You can have verbal agreements on month-to-month and at-will tenancies.

The thing is of course, with no written documentation of any kind, the "friends" could simply say that they allowed your friends to live there as a favor, and of course, you can kick anyone out from your property at any time. The fact that there were some payments from Feb to May works in your friends favor, at least to show that there was SOME sort of agreement/consideration.

If I had to put some sort of opinion on it, I think your friends would probably lose if they tried to fight anything in court. Sucks, I sold a truck recently, live in Davis that you could have used.

Edit: OK, check here if you want to see for yourself.

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Looks like landlord must still give 3-day written notice.

Where to start....

First [in California], oral lease is ok for terms up to a year otherwise written agreement required. Perhaps this is what you meant.

The broad strokes: consider that, generally, folks are either tenants, lodgers or guests. How they are removed from private property varies according to each status. The gist of how you can tell follows.

A person is considered a tenant only if they are supposed to pay rent. This applies to your friends based on your description.

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 -most lodgers have the same rights as tenants.

However, in the case of a single lodger in a house where there are 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.

How much notice? The amount must be the same as the number of days between rent payments. If paid weekly, then a week's notice and so on. In absence of a written agreement, it's then typically 30 days, the standard for most m-to-m arrangements.

So, when the owner [or, main/master original tenant having an agreement with the owner] has given the lodger proper notice and the time has expired, the lodger has no further right to remain and can be removed as a trespasser.

It could be argued that your friends are lodgers not tenants but I'm getting to that....
Now, a house guest is just that - a guest. Guests are not expected to pay rent. If the home owner tells a guest to move out and the guest refuses then the "guest" becomes a "trespasser". Trespass is almost always considered a crime and police are supposed to arrest criminal trespassers. No eviction is needed.

I'm not seeing where this strictly applies and that's a good thing.

Here's why you want to make sure the people you're kicking out are actually houseguests and not tenants. With or without a written lease someone who resides there full time and either pays rent as such, or "helps" with utilities/expenses etc. or does specific assigned work around the house/grounds would likely be considered a tenant.

In many jurisdictions it is a criminal disorderly persons offense to perform a "self help" eviction without a court order. Changing the locks, moving his stuff to the curb, turning off heat/hot water or other essentials can be considered constructive eviction and land the owner in a lot of hot water.

It would seem that the minimum amount of time/notice your friends are entitled to receive to vacate would correspond to the rental period in effect during the time they were still actually tendering rent payments and thereafter - 30 days.

The best thing for them is to make time tomorrow to find help staving off the immediate threat - not sure if they are even still there. I can't remember now what day you posted OP and I can't refer to it while I'm typing this reply.

PM me if you want and I'll try to get you at least one decent source near them that they contact asap for help adjudicating this kerfuffle that will, hopefully, not have to include the police and/or courts

 

[jh2586]

Where to start....

First [in California], oral lease is ok for terms up to a year otherwise written agreement required. Perhaps this is what you meant.

The broad strokes: consider that, generally, folks are either tenants, lodgers or guests. How they are removed from private property varies according to each status. The gist of how you can tell follows.

A person is considered a tenant only if they are supposed to pay rent. This applies to your friends based on your description.

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 -most lodgers have the same rights as tenants.

However, in the case of a single lodger in a house where there are 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.

How much notice? The amount must be the same as the number of days between rent payments. If paid weekly, then a week's notice and so on. In absence of a written agreement, it's then typically 30 days, the standard for most m-to-m arrangements.

So, when the owner [or, main/master original tenant having an agreement with the owner] has given the lodger proper notice and the time has expired, the lodger has no further right to remain and can be removed as a trespasser.

It could be argued that your friends are lodgers not tenants but I'm getting to that....
Now, a house guest is just that - a guest. Guests are not expected to pay rent. If the home owner tells a guest to move out and the guest refuses then the "guest" becomes a "trespasser". Trespass is almost always considered a crime and police are supposed to arrest criminal trespassers. No eviction is needed.

I'm not seeing where this strictly applies and that's a good thing.

Here's why you want to make sure the people you're kicking out are actually houseguests and not tenants. With or without a written lease someone who resides there full time and either pays rent as such, or "helps" with utilities/expenses etc. or does specific assigned work around the house/grounds would likely be considered a tenant.

In many jurisdictions it is a criminal disorderly persons offense to perform a "self help" eviction without a court order. Changing the locks, moving his stuff to the curb, turning off heat/hot water or other essentials can be considered constructive eviction and land the owner in a lot of hot water.

It would seem that the minimum amount of time/notice your friends are entitled to receive to vacate would correspond to the rental period in effect during the time they were still actually tendering rent payments and thereafter - 30 days.

The best thing for them is to make time tomorrow to find help staving off the immediate threat - not sure if they are even still there. I can't remember now what day you posted OP and I can't refer to it while I'm typing this reply.

PM me if you want and I'll try to get you at least one decent source near them that they contact asap for help adjudicating this kerfuffle that will, hopefully, not have to include the police and/or courts

Thanks for the answers

They are now staying with me ask "guests" for a few days. They will be leaving on Wednesday to live with their Aunt. I myself am moving at the end of this month so if they try to pull some BS... I have no issues calling the police for trespassing since they are guests and not tenants.

 

[}Dragon{]

Everyone's got a sad story, I'd tell em to kick rocks.

It took me months to get you outta my garage and you still haven't update your location in your profile here!

 

[tgrrdr]

They were able to find someone with a truck to move their stuff to a local storage unit. Their friend paid for a month's worth of storage.

glad it "worked out" as well as could be expected.

Chances are, in a month, nothing will happen.

well, the storage unit place probably won't have as much trouble dealing with them not paying as the previous "landlord" did.

You'll have to keep us updated.

hopefully they get things figured out and there's nothing exciting to update. (on the bright side, may be easier to find jobs in Hayward than in Manteca )

 

[JesasaurusRex]

It took me months to get you outta my garage and you still haven't update your location in your profile here!

Updated for accuracy

 

[Yakoo752]

Where to start....

First [in California], oral lease is ok for terms up to a year otherwise written agreement required. Perhaps this is what you meant.

The broad strokes: consider that, generally, folks are either tenants, lodgers or guests. How they are removed from private property varies according to each status. The gist of how you can tell follows.

A person is considered a tenant only if they are supposed to pay rent. This applies to your friends based on your description.

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 -most lodgers have the same rights as tenants.

However, in the case of a single lodger in a house where there are 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.

How much notice? The amount must be the same as the number of days between rent payments. If paid weekly, then a week's notice and so on. In absence of a written agreement, it's then typically 30 days, the standard for most m-to-m arrangements.

So, when the owner [or, main/master original tenant having an agreement with the owner] has given the lodger proper notice and the time has expired, the lodger has no further right to remain and can be removed as a trespasser.

Not sure what your background is but I literally just went through the removal of a "lodger" per your definition... and I had to go through the full legal eviction process. The courts (Santa Clara County) refused to differentiate between a lodger and a tenant.

I BIU'd the statements above in which I was told by LEO/Courts to kick rocks with.

there is even a thread on here detailing what I had to go through

 

[Sharky]

JFC, two people likely getting Unemployment and can't combine resources to pay a $400 rent? Don't seem like a recipe for future success.

And the OP has to be nuts to let them come and stay at his place. For fuck sake, you are going to be one of the "friends" that has to kick these guys out.

Don't you find it a little fishy that these adults can't get off their asses for months in order to get $400 bucks together to pay for a place to stay?

No good deed goes unpunished.

Gas, grass or a$$, nobody rides for free.